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amarendra dash (advocate)     10 May 2022

judgement debtor

Can a person, who was not a party in the civil suit, be arrayed as judgement debtor in a execution proceeding... ? if yes, what is the provision..?


Quick Summary
This discussion examines whether an individual who was not originally a party to a civil lawsuit can be legally declared a judgment debtor during the execution phase. Generally, this is not permissible as a judgment must be passed against a party directly involved in the suit. However, there's a consideration for decree holders applying to the court if a judgment debtor has sufficient means, potentially involving provisions like Order 21 concerning garnishees.

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 May 2022

Hello,

NO, the person who was not a party to a civil suit cannot be arrayed as a judgment debtor in an execution petition. Moreover, the court should have passed judgment against him while he was a party to the suit. Simply being a party to the suit cannot make him a judgment debtor.

Saawan   11 May 2022

sir in my opinion the decree can be satisfied by court, if the decree holder apply to the court that there is a judgement debtor debtor who having sufficient means to satisfy the decree, order 21 speaks about decree against garnishee

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