Case Facts : Decree Holder obtained a decree against Judgement Debtor for a principal sum of Rs. 2 Lacs. Judgement Debtor gave an undertaking the Court that he will pay the Decretal Amount in instalments of Rs. 25,000/- monthly. He paid 4 instalments and after that stopped making payment. Now he says he doesn't have money to discharge his debt obligations under the Decree.
Under which Section of the C.P.C. can a decree Holder file an application for invoking Order 21 Rule 41(2) against Judgement Debtor for compelling him to file Affidavit of his Assets as per Appendix E - Form 16A ?
Section 51 of C.P.C. or Section 151 of C.P.C or any other section of CPC ? Kindly let me know.
Regards,
Env Coord.
