Order passed by a lower court, defendant not complying
malaika
(Querist) 19 July 2018
This query is : Resolved
Madam, Sir,
We had rented our place in Mumbai to a Academy to run their classes, for a year,they did not pay rent stating they are having losses and that all the rent would be paid after a year.
after passing of two years and no rent, we filed a recovery suit in the lower court in Mumbai that was ruled in our favour and the defendant was ordered by the court to pay the dues, the defendant said that he would pay the dues,but has not since date,its been 13 (thirteen) months.
we approached the higher court where our application was dismissed and was told to follow the order of the lower court.
we last heard that the accused defendant is hiding in Tamil nadu.
we cannot approach any higher court as they may dismiss it too.
can you tell me if we can pass an application in the same lower court (where the order was passed in our favour) asking for execution of the order after 13 months of passing the said order, can we ask the court to issue a arrest warrant aganist the accussed and cease his properties to recover the dues.
can i pass this application before another judge by filing this case afresh if i yet have any chance to execute this order.
kindly suggest a solution.
then i can appoint a senior lawyer on these points.
Regards,
M. Sharma
M V Gupta
(Expert) 21 July 2018
Under Article 136 of the limitation Act, application for execution of decree can be filed within 12 years from the date of the decree. The application should be filed in the court which passed the decree. If the Judgment Debtor (JD) has property within the jurisdiction of the court you may file Execution application in this court foe attachment and sale of the property, even if the JD is residing at another place. If there is no property within the jurisdiction of the court and u desire to get the JD sent to civil jail or enforce otherwise in Tamilnadu, you may apply for transfer of the decree to a court in Tamilnadu where the JD is residing.
