ravi (Self employed) 19 July 2025

Order xxi rule 41 - earlier judgments or orders between individuals

Respected Lawyers,

Request you to please let me know if there are any prior orders from any higher courts like high courts or supreme courts in any cases, where the court has ordered a judgement debtor to reveal his assets and liabilities under Order XXI Rule 41, after a money decree is unsatisfied.

It has been almost 2 years since a judgement and decree is received. But the decree holder is not able to find the properties of the judgement debtor. Both judgment debtor and decree holder are individuals not corporates. Are there any such cases in the past?

Can the decree holder request via application to the court for such information? Will the court ask the judgment debtor to file an affidavit with details of assets and liabilities? Will it usually happen in our country?

I apologise if I am asking for too much information on this forum.

Thank you in advance.

Ravi

Reply Follow

1 Replies

T. Kalaiselvan, Advocate (Advocate) 19 July 2025

The trial court under Order 21 Rule 41 of the Code of Civil Procedure (CPC), can direct a judgment debtor to disclose details of their assets and liabilities, including the debts owed to them and other means of satisfying the decree. This provision is a tool to help the decree holder understand the judgment debtor's financial position and facilitate the execution of the decree.

The court can summon the judgment debtor and examine them on oath about their assets, liabilities, and means to satisfy the decree.

The information obtained through this process helps the decree holder (the party who obtained the judgment) to identify and attach the judgment debtor's assets for the purpose of satisfying the decree.

By compelling disclosure, the provision discourages the judgment debtor from hiding or transferring assets to avoid paying the decree.

It allows the decree holder to pursue the execution of the decree effectively and fairly.