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Execution petition.

EP filed for enforcement of Decree under O 21, R 32 (1) and O 39, R 2 A for arrest of JDR or Attachment of property or both. counter filed by JDR in exparty Decree. No denial of knowledge of Decree. Court heard the DHR. DHR filed documents in separate EA. No counter after lapse of 65 days. is O 8, R 10 applicable to pronounce judgement in favour of DHR?

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This discussion covers an execution petition filed to enforce a court decree, seeking the arrest of the judgment debtor (JDR) or attachment of their property under Order 21, Rule 32(1) and Order 39, Rule 2A. The JDR filed a counter to an ex-parte decree without denying knowledge of it. The court heard the decree holder (DHR), who filed documents in a separate application. With no counter filed by the JDR for 65 days, the applicability of Order 8, Rule 10 CPC to pronounce judgment in favour of the DHR is questioned, with property attachment being a likely outcome.

3 Replies

Isaac Gabriel (Advocate) 09 September 2022

Attachment of property is the immediate possibiliy

Advocate Bhartesh goyal (advocate) 10 September 2022

Yes, as per src 141 cpc procedure provided in code for suits shall also apply to applications/petitions so providion order 8 rule 10 cpc can be invoked.