ravi (Self employed) 27 July 2025
Respected lawyers,
I read that if a decree holder knows about the property of judgement debtor then he/she can apply to attach the property with Form 6 of Appendix E.
But if decree holder is requesting for assets and liabilities of judgement debtor as per Order XXI Rule 41 then which form should be used by decree holder for Application.
Request you to kindly help.
Thank you.
Ravi.
T. Kalaiselvan, Advocate (Advocate) 28 July 2025
Order 21 Rule 41 of the Code of Civil Procedure (CPC) empowers a decree-holder to examine a judgment-debtor to ascertain their assets and means to satisfy a money decree. This examination can be oral or through an affidavit detailing the debtor's property. The rule aims to help the decree-holder identify assets for execution of the decree.
You can move an application under the said provisions of law for this purpose.
The court can order the judgment-debtor, or any other relevant person, to appear before it and answer questions about their assets and ability to pay the decree.
If the judgment-debtor fails to comply with the court's order, the court can take further action, potentially including detention in civil prison
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