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KSM   23 April 2023

Any limitation period on recovery / arrest of judgement debtor ?

If a 125crpc case was filed and orders passed for payment of maintenance. Judgement debtor could not pay. Then EP or CrMiscPetition was filed for execution and finally warrant passed for non payment. And if this warrant pending results for 1 year..... any limitation comes into play such as for 1 year they are unable to recover or arrest the judgement debtor. Anything like that ? Thanks.



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 5 Replies

Bhabani Prasad Pujary (Asst.manager)     26 April 2023

Waht is the reason of non-arrest under the warrant? Attachment of property is also an option you can opt for

 

P. Venu (Advocate)     26 April 2023

You have posted the material facts. It is no that, in every case, the judgment-debtor could be arrested.

KSM   01 May 2023

He is missing and shifted to unknwn whereabouts. All his mobile phones everything cancelled. He has no property in his name. He has a property but its still in his fathers name. I heard even joint property cant be attached ? He should solely own it in his name they say.

Nitish Sharma (Advocate)     01 May 2023

No, as such no limitation period would apply on such warrant as it would be the duty of the executing officials of such warrant to trace the JD. The court would also reissue such warrants if they previous ones remain unexecuted. Also as your seperate query raised in the reply, A self accquired property of his father cannot be attached by any court. 

 

P. Venu (Advocate)     01 May 2023

Originally posted by : KSM

He is missing and shifted to unknwn whereabouts. All his mobile phones everything cancelled. He has no property in his name. He has a property but its still in his fathers name. I heard even joint property cant be attached ? He should solely own it in his name they say.

You are still avoiding the material facts.

 


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