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shiv chaudhary   23 July 2017

In judgment of money suite case decree has been filled

Dear sir,

In judgment of money suite case decree has been filled for the execussion ,

1. what is the next procedure for execusion (including days)

2. If  other party does not pay the amount than what to do and (a)after how many days we have to take action (b) what kind of action 

 



Learning

 2 Replies

Siddharth Srivastava (Advocate)     23 July 2017

The next proceedings are as under:- 

If execution has been filed within one year fromthe date of decree the court will directly pass the attachment of assets of JD.

JD may file its objection to the execution petition and decree by he canot raise question on merit and question the merit to pass the decree.

It may take one to three years tim to decide the objection if no further appeal etc. has been filed byb eith party.

If objection is dismissed and no appeal preferred or if appeal preferred but proceddings are not stayed by appellate court then the lower court can order attachment and arrest of JD. 

It is advised that you consult your advocate. No body can predict the outcome.

 

 

Tushar Jha (Advisor)     27 July 2017

Reply to Query posted by Shiv Chaudhary :

If the Suit has been Decreed and Decree-sheet has been drawn-up. Post drawing of decree, (i.e.) Date of Decree, if the opposite party(defendant) has not filed any appeal against the decree/order within 90 Days from the date of decree, then the Decree attains finality and can be executed.

Execution of Decree is done by Attachment of Property of Judgment Debtor (Opposite Party), post attachment of his assets, it is put to sale. You will receive the decree amount after the conclusion of sale of the attached property.

Refer : Order XXI of the Code of Civil Procedure with deals with procedures related to execution of decree/orders.

Step 1 : File a Written Application for execution of decree under Order XXI Rule 11 of CPC.
Step 2 : If you have the descripttion of Judgment Debtors property or asset, then file the Written Application under Order 21 Rule 11 after the appeal period is over (i.e.) after 90 Days from the Date of Decree has lapsed.
Step 3 : If you are not aware of Judgment Debtor's property or assets, then file an application under Order XXI Rule 41 (1) & (2) for Examination of Judgment Debtor regarding his property and source of income.
Step 4 : You can also file an application for arrest & detention of Judgment Debtor in Civil Prison, if the decree remains unsatisfied. You can move an application under Order 21 Rule 37 for issuance of Show-Cause notice to Judgment Debtor.
Furthermore, under Order XXI Rule 30, Every decree for the payment of money, including a decree for the payment of money as the alternative to some other relief, may be executed by the detention in the civil prison of the judgment debtor, or by the attachment and sale of his property, or by both.
Step 5 : If the judgment debtor has immovable or movable property lying in other district or State which is outside the territorial jurisdiction of the trial court, then move an application under Section 46 of the Code of Civil Procedure, for issuance of 'Precept' for effecting the attachment of properties of Judgment Debtor lying outside the Territorial Jurisdiction of the court.

Furthermore, Examination of Judgment Debtor can be conducted even if the J.D. resides or carries out business outside the territorial jurisdiction of the Trial Court.
Refer Calcutta HC Judgment in this Regard :
Case-Law : R.A. International Vs. Prateek Plasto Metal (Pvt.) Ltd.
Highlight of the Judgment : "Therefore at the stage of examination under Order 21 Rule 41(1) or filing of affidavit of asset under Order 21 Rule 41(2) the bar of Section 39(4) CPC will not operate."

For more details : Refer Order XXI of the Code of Civil Procedure.


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