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execution

(Querist) 20 December 2010 This query is : Resolved 
in execution of money decree,the j.d.has no property with him.he has been disqualified from inheriting the property by his father after the institution of suit.now D.H. has filed execution .what should be done .......what objection be taken now at this stage by j.d.
Y V Vishweshwar Rao (Expert) 20 December 2010
Execution filed for Arrest of JDr !

In Execution of Money Decree - the JDr has no Property / no means /- on Application by DHr , the DHR has to prove to the satisfaction of the Court that JDr has properties/means and avoiding the decree or he is leaving Jurisdiction of Court - then only Jdr will be detained in Civil Prison . On application of Dhr a Show cause notice will be issued to the Jdr , Jdr can represent to the Court that he has no property / no means to pay the decree amount - then the DHR has to show to the Court the means / proerties of the JDr to pass any orders for arrest of Jdr .
s.subramanian (Expert) 21 December 2010
Yes. I agree with Mr.Rao.
M V Gupta (Expert) 21 December 2010
I also agree with Mr. Rao.
Advocate Bhartesh goyal (Expert) 21 December 2010
Mr,Rao is right.
Arun Kumar Bhagat (Expert) 01 January 2011
Civil prison at your costs.


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