Civil Procedure Code (CPC)

Individual not paying money even after winning case


Hello, I have won a law suite against an individual, awarding me principle,interest,lawyer fee. However, the individual has not paid me the amount awarded yet. ( Its been over 3 years ) My lawyer says the option I have is to file to E.P ( Execution Petition) wherein we need to attach his immovable property details. I have the individual's house address, but my lawyer says I need to get the Encumberance Certificate ( E.C) of the house, to attach in the E.P please guide me as to how to get EC of a house, whose only information I am aware is the address, as I dont know other details like survey number etc. Also, what if I attach EC, and he files saying that the house is on loan. Then what will be my options to get the money ?

Please guide as to what is the best option to proceed

. Regards,

 
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Hi, you can apply through E SEVA centre for EC.

 
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Drafting of Commercial Contract Dispute prevention Dispute handling Contract Management etc.

You can contact the range registrar officer and if you provide details they can inform or take the help of the document writer to get you the EC and copy of documents.

 
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File an additional application under Order 21 Rule 41(2) read with Section 151 of the C.P.C. for examination of Judgment-Debtor (J.D.) regarding his means of satisfy his obligations under the decree and details of his bank accounts and copy of his Income Returns for last 3 Financial Years.
In the application state that you pray to the Court for directions to be given to Judgment Debtor to file affidavit of his assets in Form 16A, Appendix E, under Order 21 Rule 41(2) of the CPC. If Judgment Debtor fails to file affidavit of his assets as per orders/directions of the Court, then Judgment Debtor can be sent to Civil Prison for disobeying court's order under Order 21 Rule 41 (3).
NOTE :
Even in Civil Lawsuit, a defendant/debtor can be imprisoned. The following judgment by Hon'ble Delhi High Court is an example of the same,wherein a Judgment Debtor was jailed.
Case Law for Order 21 Rule 41 of CPC :- Hindustan Paper Corporation Ltd. Vs. M/s. Western Express (Services)
Date of Judgment : 12 February, 2016
Citation :-   2016(228) DLT 61 :
                     2016(4) AD(Delhi) 50 :
                     2016(2) CivCC 362

If J.D.(Opposite Party) appears and files his affidavit disclosing the details of his bank accounts and F.D.'s, then you can also file application for attachment of his Bank Accounts and Fixed Deposits under Order 21 Rule 46 (Proceeding against Garnishee). Court can order his bank accounts to be frozen and Fixed Deposits to remain with the bank pending any further action by the Court.

By filing Execution Petition, a Decree-Holder(Original Plaintiff) can execute the decree against those movable properties of Judgment debtor(Opposite Party) in the custody of third person under Order 21, Rule 46 (1) (c ) (iii) read with Order 21 Rule 11(2) of C.P.C.
 
Under Or. 21 Rule 46. Attachment of debt, share and other property not in possession of judgment-debtor
 
(1) In the case of--
 
(c) other movable property not in the possession of the judgment-debtor, except property deposited in, or in the custody of, any Court, the attachment shall be made by a written order prohibiting,--
 

(iii) in the case of the other movable property except as aforesaid, the person in possession of the same from giving it over to the judgment-debtor.

 
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