37 C.P.C
Kapil Kumar
(Querist) 21 September 2009
This query is : Resolved
My brother is a defaulter in a Credit Card ,he is no more staying at the current address ,however the bank is not accepting this fact and the court has issues an ex-parte order which is on my address..Kindly advice me as how can i safeguard my property as the accused is not staying anymore with me and he neither has anything belonging to his name...i have bills of some items but not for everything in home...I am very depressed,please guide me.riven
Raj Kumar Makkad
(Expert) 21 September 2009
You have not to worry for anything because your property is fully safe. Even if any decree is passed, the shall be against your brother who has nothing in your house. Decree can be executed only against the judgment debtor. Be sure nothing is going to happen against you. I further advice to contact your brother and apprise him to defend his case so that minimum amount may be decreed otherwise in ex-parte decree, everything is included and so he will have to face more and more difficulty after some time.
riven
Bhumik Dave
(Expert) 22 September 2009
Well advised by Mr. Rajriven
Kapil Kumar
(Querist) 23 September 2009
Thanks sir...but the issue is that he is hiding bcoz even if he defend ,he does not have anything to repay..no money .no job,no earning source....so on what basis he will defend..he lost all his money in share market and hence there are many cases by banks..mostly U/S 37 CPC..so kindly advice me how can I safeguard him..riven
