Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jayanti Devi (Student)     06 August 2025

Money suit civil case

money suit filed for money refund case based on agreement with flat developer.

defendant failed to appear multiple times

court passed order in favor of plaintiff since defendant received summons yet did not appear and thus proved defaulter.

now, since suit is plain money suit , no collateral is there .

therefore in execution, 

a) can plaintiff request for arrest warrant in same court or any other place in same building ?

b) how to issue arrest warrant in next step in order to execute order ?



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     06 August 2025

If the judgment debtor fails to comply with the decree issued against him, such a remedy may be taken in the form of arrest and imprisonment.

In civil proceedings for money recovery, provisions exist for the arrest and detention of a judgment-debtor in a civil prison under certain conditions, as outlined in the Code of Civil Procedure (CPC), 1908. 

These provisions are detailed in Order 21, Rules 37-40 of the CPC and Sections 51, 55, and 58 of the CPC. 

The court must be satisfied that the judgment-debtor has the means to pay the decretal amount but is deliberately avoiding payment. 

If detention is ordered, the period is limited. For decrees exceeding Rs. 5000, the detention can be for a maximum of three months. 

For decrees between Rs. 2000 and Rs. 5000, the detention is limited to six weeks.

A judgment-debtor released from detention is not discharged from the debt but cannot be re-arrested under the same decree. 

R.K Nanda (Advocate)     06 August 2025

First get money refund case decreed by court and then execution follow. 

 

Are you really student or chronic litigant as you are posting questions regularly. Which is not good. 

Jayanti Devi (Student)     08 August 2025

this case does not seem to be a civil money suit case then because a standalone money suit without collateral probably cannot be executed in civil..

this consumer seems to be the only practical solution here because the order can be executed in consumer with help of local police without any civil code restrictions


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading