Regarding filing of ep
vamsi
(Querist) 12 October 2023
This query is : Resolved
Sir, in money recovery suit, the plaintiff/ Petitioner get interim attachment orders on defendant properties. while the court ammen attaching such properties, a third party voluntarily stood as surity and he handed over his property original documents to the court ammen. The court ammen prepared and submitted his report accordingly. after that in such suit the defendant set exparty and passed the orders. the defendant alienated his properties to others. How i approach the court through EP for recovery of suit decree amount. the court did not pass any order in such I.A. based on court ammen report. kindly suggest me.
kavksatyanarayana
(Expert) 15 October 2023
Based on the value the suit can be filed either in the District Court or the High Court. What is the opinion of your lawyer?
vamsi
(Querist) 16 October 2023
my question is what are the reliefs prayed in Execution Petition. surety is not the party of the suit. he is the third party and defendant already created third party liabilities on his properties. only surety property documents are at the court custody along with ammen report
T. Kalaiselvan, Advocate
(Expert) 19 October 2023
Attachment of property of a third person in a recovery suit can be done in the cases where there is a surety given the third person by offering his own properties as security and in the cases under Rule 46 of Order XXI of CPC. In such cases, the third party can be made liable for the debt of the borrower/debtor.
P. Venu
(Expert) 31 October 2023
"while the court ammen attaching such properties, a third party voluntarily stood as surity and he handed over his property original documents to the court ammen. The court ammen prepared and submitted his report accordingly."
To my knowledge, the Ameen has no powers to attach a property other than one specified by the Court. The facts posted are less than convincing.
