Env Coord (.) 04 September 2015

Attachment of immovable property outside state

Dear Lawyers,

Kindly resolve my query.I filled a civil lawsuit under order 37 of C.P.C.(Summary Suit) for recovery of my outstanding dues against Company & its directors.2 Directors have been named as respondents in the suit.
Court decreed the suit(ex-parte) in Aug,2014 at Mumbai City Civil Court.My lawyer filed a Darkhast application for execution of the Decree under Order XXI Rule 54 of C.P.C. in Sept,2014.
One of the Director(Respondent no.2) turned at a court-date in Oct,2014 & requested the court to stay execution proceedings & that he will pay the Amount Decreed by the Court in Instalments of Rs.25,000/- monthly.He also gave a written undertaking for the same.

He paid around 40% of the Amount Decreed till Jan,2015.From Feb,2015 he stopped paying the remaining Amount citing inability to pay etc. etc.In the meanwhile,my Lawyer died a natural death in Feb,2015.Judgement-Debtor is trying to take advantage of the situation of untimely demise of my Lawyer & not paying the dues.

My Query :-
1. The immovable property to be attached is in Gujarat.What is the procedure for attachment of immovable property outside the State?

2. What is the procedure to change the name of Advocate-on-record,in case any other Lawyer is to be appointed? His Law firm is unwilling to give me NOC,as they are now trying to charge exorbitant fees to carry-out the Balance work in my case.Needless to say I am unwilling to pay more than what was agreed between me & the Deceased Lawyer.

3. In order to enforce the Warrant of Attachemnt for the property,is it required for me or my Lawyer to go to Gujarat ?

Kindly guide me as I am a Middle-class person unware of Judicial Procedures & processes.

Regards,
Vishal G. Saha.

Reply Follow

2 Replies

(Guest)

the procedure of changing advocate on record is different for different courts. you better ask the peshkar about this procedure.

in case of attachment, court can attach the property. you have to apply to the court showing that the debtor is not paying and asking for attachment of his property. court will do the rest.

in case of law firm, was the contract between you and your lawyer or you and the law firm? in former case the contract is already finished since a party is dead and it become impossible to perform. in later case if they charge high fees they have to do a fresh contract or revise the earlier contract. just don't agree with them.

Env Coord (.) 05 September 2015

@Arix : Thanks for your reply.

I want to know the procedure to change Advocate-on-record in Mumbai City Civil Court.
Furthermore,my deceased lawyer's firm is not giving No-Objection Certificate(NOC) to me.

In that case,what is the remedy available to a Decree-holder(Plaintiff) to change his Advocate-on-record if his previous Lawyer is not giving NOC.{Kindly cite the relevant legal provision/rule/statute to this effect.}