Execution proceedings for money decree

Guest (Querist) 04 January 2017 This query is : Resolved
1.Can a courte xceuting decree of money recovery ask JD to file details of current address and his assets and bank accounts,?under which order/rule of CPC. Can it be done under Order 10 rule 2&3
2. Can Courtrefsue to issue arrest warrant when property of JD is not tracebale and JD not appearing before court and evading payment?
3. Can cpourt dismiss a execution applciaiton till money is recovered?

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Rajendra K Goyal (Expert) 04 January 2017
Academic query.

State material facts of the problem if any.

How are you concerned / related with the query?

Ms.Usha Kapoor (Expert) 05 January 2017
Academic query,. State material facts if any.

R.K Nanda (Expert) 05 January 2017
state real facts.

Guest (Querist) 08 January 2017
This query is related to my own case as Decree Holder
Location is chandigarh courts

The fact is that i applied for execution of money decree in 2013. But as on date there is little progress in case. In 2016 April I applied aiwth affidavit that JD is trying to avoid decree and has disposed off assets of firm( proprietorship) in which i invested .
But still nothing happened. I appeared in person in October and briefed the Judge(civil junior division) that what is status and how JD is avoiding decree and his arrest is required a sonly way. So arest warrant was ordered and i deposited diet money too for 30 days

But in subsequent date judge declared the arrest order saying it is not returned.And instead gave me last opportunity to File list of assets of JD 2 ( proprietor by name)so warrens of attachment could be passed. he refused to issue fresh warrant of attachment in personal name of Proprietor.Saying list of assets is first required

when i had already filed application for arrest with affidavit saying i am unable trace his property wither by form name or personal name why judge is insisting on list of assets?

1. Is list of assets prerequisite for issuing arrest warrant of civil jail ?

2. Or is arrest one of the methods of recovering money through court?

3.What happened if a JD is unable trace the properties of JD.

4.Can a execution of money decree be closed or dismissed till recovery is made or JED has suffered maximum jail term?

5. Can judge recall arrest order once issued until warrant is arrested? Why judged did not issue fresh unavailable warrant or refereed matter to police department to arrest and produce the JD?

Now what should I do?
Suppose i don't file list of assess of JD (his personal assets)Will judge close the execution case or dismiss it?

I read manual and guidelines prepared by Honble Delhi high court .Whatever has happened in my case so far is appearing to me like a new trial, unjustified delay, unwillingness of court to arrest JD and bring case to logical end.In manual it is clear the arrest is one of 5 methods of execution of decree and is mutually exclusive to other methods.

I hope this time details are elaborate and clear for guidance

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