Query suggession

pawan kumar (Querist) 22 January 2022 This query is : Resolved
DEAR
I WANT TO KNOW I HAD FILED A CIVIL RECOVERY SUIT IN 2013 AND I WAS ORDERED TO RECOVER THE AMOUNT .IN 2021 THE JD HAD SURRENDERED IN THE COURT AND WAS SENTENCED FOR 3 MONTHS JAIL.
AFTER THAT THE CASE WAS DISMISSED.
I WANT TO KNOW WHAT WILL I DO KNOW TO RECOVER MY MONEY.
KNDLY HELP IF THERE IS ANY JUDGEMENT ON WHICH BEHALF I CAN SEND THE JD AGAIN TO THE JAIL, AS HE ROAMS FREELY BEFORE ME EVERYDAY.
THANK YOU

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Quick Summary

You've won a civil recovery suit, and the debtor was sentenced to jail for failing to satisfy the execution petition. However, the jail term was not in lieu of the decreed amount. The case was dismissed after the debtor's release, but the execution petition remains valid. You should now file a fresh execution petition to attach and sell the debtor's property or garnish their salary.

Dr J C Vashista (Expert) 23 January 2022
The term of 3 months was not in lieu of decreed amount but failure to satisfy execution petition, which is still in vogue and valid.
The suit has already been decided which cannot be dismissed by the same court at this stage.

pawan kumar (Querist) 24 January 2022
Dear Sir,
Thank you for your valuable revert.
can you plz tel me what shall i do at this stage as i am suffering from crisis , your valuable sugession will help me, for the further to proceed the case.
the jd was released from custody after three months as per the provisions of section 58 of CPC.
can you plz help me with any judgment through which i can send the jd again to custody, were he will be given only 2 option either to give my money or to stay in custody.
thank you Sir

kavksatyanarayana (Expert) 30 January 2022
Search the indiankannon.org website for judgments.

P. Venu (Expert) 20 April 2022
You have misunderstood the legal scenario. The suit was decreed in your favour.

What remains is the execution. Now that the bogey of keeping the JD in civil prison was not successful, you need to file fresh EP for attachment and sale of the JD's property or to attach his salary, if he is employed.

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