How to file application u/o 21 rule 41 of cpc


Case Facts : Decree Holder obtained a decree against Judgement Debtor for a principal sum of Rs. 2 Lacs. Judgement Debtor gave an undertaking the Court that he will pay the Decretal Amount in instalments of Rs. 25,000/- monthly. He paid 4 instalments and after that stopped making payment. Now he says he doesn't have money to discharge his debt obligations under the Decree.

Under which Section of the C.P.C. can a decree Holder file an application for invoking Order 21 Rule 41(2) against Judgement Debtor for compelling him to file Affidavit of his Assets as per Appendix E - Form 16A ?

Section 51 of C.P.C. or Section 151 of C.P.C or any other section of CPC ? Kindly let me know.

Regards,
Env Coord.

 
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Advocate & Solicitor at Law

The provision you spoke about is the actual provision itself. Order 21 rule 41 is the legal remedy available in case you are not able to identify his assets. Go through the judgement of the Delhi High Court in M/S Bhandari Engineers & Builders Pvt Ltd vs M/S Maharia Raj Joint Venture and Ors. : 227(2016) DLT 302 Augustine Chatterjee Advocate & Solicitor at Law 9999931153
 
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