recovery suit

Querist : Anonymous (Querist) 30 June 2011 This query is : Resolved
Hi,
I have the following questions regarding recover suit:
1) Can we ask for attachment of a property?
2) Can we ask for surity?
3) Can we ask for both 1 and 2 or only one of these?
4) If the property requested for attachment has less reg market value compared to suit claim, then can the court give attachment on this property?

Thanks in advance.

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Raj Kumar Makkad (Expert) 30 June 2011
1. Yes.

2. Yes.

3. Both

4. Yes.

Tarun Thakur (Expert) 30 June 2011
You are a step forward. Have you been granted decree in reovery suit ? I think you have still to file a reovery suit.

the procedure for recovery suit is:

First of all you have to file civil suit, in which u can also implead surety as a party.

Secondly if the court decides in your favour then you have to file execution .

In execution court will ask u about the list of properties. Then u can give the list of properties and get the property be sold in auction process.

If the value of property is less than the decretal amount, then court will ask u to provide more property.

Kiran Kumar (Expert) 30 June 2011
I agree with Mr. Makkad.

one thing I must add is that there is provision for attachment before judgment also.

the clear advice will depend upon the facts stated.

Querist : Anonymous (Querist) 30 June 2011
Yes we already filed the recovery suit. We asked for both attachment and surity. Here the registered (government) value of the property listed for attachment is less than the suit amount. Our attorney says since the value of the property is less than the suit value, court asked for additional property and did not pass attachment orders on the given property. we are requesting our attorney to press the court for the attachment without waiting for the discovery of additional property. Please let me know your openion on this.
Thanks for your help.

Querist : Anonymous (Querist) 30 June 2011
One more question....
Can we ask for attachment of a property mortgaged to bank or leased to somebody?
thanks

Ravikant Soni (Expert) 30 June 2011
Order 38 CPC
Attachment before judgement...

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