Seeking urgent help in matter relating orders and execution
Stephen
(Querist) 09 September 2020
This query is : Resolved
Dear Sir,
I am a retired person, had filed a OS and won the case some 5 months back.
The order states the defendant to pay with interest and cost. The original suit
was for 42 laks for which I paid 1.82 laks court fee.
I checked in cash department and came to know the defendant have not paid any money
What are the possible ways and remedy I can use in getting
my recovery of 46 laksh as per order of the court.
As the defendant is untraceable so I am unable to determine what moveable or immovable
property he has. how to determine this and will court help in this regard and importantly
What format of the execution petition to be written and what supporting
documents to be provided and what steps to follow post filing application
Pl help help help
Thanks in advance
Regards
Stephen
Dr J C Vashista
(Expert) 10 September 2020
Order 21 of the Code of Civil Procedure deals with the solemn act of execution of the decrees passed by the Courts from grassroots to the top.
Dr J C Vashista
(Expert) 10 September 2020
After the judgment attains finality or where there is no stay in the execution by any Appellate or Revisional Court, it is the Court of original jurisdiction which performs this sacred act of implementation of the execution.
Stephen
(Querist) 10 September 2020
Dear Sir,
Thanks for response indicating that respective courts jurisdiction to implement the order.
However as a plaint how do I come to know whether the order are taken forward and whether defendant is paying or not paying for legal actions can be taken against the defendant by whom when and how etc and as plaint what followup through any means of application or RTI should I inquire. If some detail answers with any template of application can be provided would be highly appreciated.
Thanks
Stephen
P. Venu
(Expert) 10 September 2020
Once the EP is filed, other aspects would be taken care of.
Stephen
(Querist) 10 September 2020
Dear Sir,
As I am layman and not aware of court procedures of code numbers and short forms etc.
Appreciate if I could know some details answers to my query.
Thanks
Stephen
Rajendra K Goyal
(Expert) 10 September 2020
Execution has to be filed against the judgement debtor.
You have to search and file in the court the present address of the JD, details / reference of his movable / immovable property to be attached.
Otherwise, decree is of no use.
Dr J C Vashista
(Expert) 10 September 2020
@ Stephen
You have to seek professional services of a prudent local lawyer for drafting and filing an execution petition, although there is a limit of 12 years.
Stephen
(Querist) 11 September 2020
Dear Respected Sirs,
Many thanks, much appreciate your legal point of advice
Regards
Stephen
Shilesh Patel
(Expert) 11 September 2020
Execution petition under section 21 of CPC shall execute and contact a local lawyer for more detailed procedure.
Rajendra K Goyal
(Expert) 11 September 2020
You are welcome, may revert in case of any further question on the problem.
Stephen
(Querist) 05 November 2020
Dear Rajendra Sir & Other Respected Sirs,
Based on your advice, over the last 2 months I ardently sought to trace defendant and his assets, unfortunately exhausted all my know sources to determine. Therefore given this I am seeking your expert advice and tips so as to which other law enforcement way I can get the defendant to pay.
Also since the defendant is on bail from the criminal side of case which the PP is not looking into matte, will the OS judgment and order has any advantage in making progress on criminal side if Yes what proceeding I can expect PP to help.
Appreciate any detail inputs on both the above query.
Thanks & Regards
Stephen
Stephen
(Querist) 05 November 2020
Dear Rajendra Sir & Other Respected Sirs,
Based on your advice, over the last 2 months I ardently sought to trace defendant and his assets, unfortunately exhausted all my know sources to determine. Therefore given this I am seeking your expert advice and tips so as to which other law enforcement way I can get the defendant to pay.
Also since the defendant is on bail from the criminal side of case which the PP is not looking into matte, will the OS judgment and order has any advantage in making progress on criminal side if Yes what proceeding I can expect PP to help.
Appreciate any detail inputs on both the above query.
Thanks & Regards
Stephen
Rajendra K Goyal
(Expert) 05 November 2020
No one can help in searching the JDs. You yourself have to try.
Court may declare him P O if he is not appearing in criminal proceedings.
Stephen
(Querist) 05 November 2020
Dear Sirs,
Thanks for your reply.
I am aware I have to be self-reliant to search details of JD. However as a layman, I am seeking clarification what next steps I can expect at city civil court and also since the defendant is on 3 times NBW what does it mean court may declare him as P O. Appreciate if you give some insight and help in these legal aspects
Thanks
Stephen
Rajendra K Goyal
(Expert) 10 November 2020
You can try searching JD through Facebook, WhatsApp. Voter list is online if you get some inference search voter list of that place.
Try to get information through his relatives.
Stephen
(Querist) 11 November 2020
Dear Sir,
Thanks for your helpful tips / idea how I could still explore JD’s whereabout.
Meanwhile, appreciate if you could give your legal and expert advice / opinion whether and could I make use of the judgment and decree at the criminal side of the case.
Your kind advice would be highly appreciated.
Regards
Stephen
J K Agrawal
(Expert) 12 November 2020
Which type of criminal case Is? if it is case of cheating or forgery of documents the Judgment of Civil Court may be useful to you. You yourself is to trace the Judgment debtor. Court are ready to help you up to next 12 years from Judgment but No court will search the JD for you. If you have address of him court will sent summons there. IN such a case you can publish notice in News paper. After that the court will ask for property list. If you have no property list of him, you can sent him to jail at your own expenditure. For this, again you are to search him. Lastly if there is no property of the JD it is of no use to trace the JD. In such a case it is better to forget the Judgment and pray the God to furnish the JD with a lot of money and wealth.
Stephen
(Querist) 13 November 2020
Dear Sir,
Many thanks for giving detail clarification on civil suit side of court aspects. To clarify your query based on the chargesheet 420b created by police, the criminal side of case has been filed. Therefore though I am trying to trace JD address and any assets, meanwhile was trying to ascertain from the experts like your would the civil suit judgement and decree can be used to progress criminal case and what aspects of if I need be aware and expect PP to help the case progress.
Would be indebted if could give you kind expert advice.
Thanks & Regards
Stephen
Rajendra K Goyal
(Expert) 17 November 2020
Show the case file and discuss in detail with your lawyer.
Stephen
(Querist) 20 November 2020
Dear Sirs,
With the ideas you have given, with some ray of hope I was able discover the whereabouts of the defendant probable location of address.
Now I further seek your advice how and what are the next steps processes I should use this towards judgment orders at civil court and criminal court cases.
Appreciate your kind help on this.
Regards
Stephen
Rajendra K Goyal
(Expert) 20 November 2020
Your lawyer can pray the court for arrest orders in the criminal proceedings and in your execution proceedings.
P. Venu
(Expert) 20 November 2020
Filing of Execution Petition is a further process in the OS. The same advocate can take further steps.
