Order xxi rule 41 - earlier judgments or orders between individuals

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. 

Supreme Court of India, in its order dated 22.04.2021 in Rahul S Shah v. Jitendra Kumar (Civil Appeal No. 1659-1660 of 2021), has mandated courts to exercise their powers under Order 21 Rule 11 CPC to ensure immediate execution of money decrees upon an oral application. The Court has also
directed that before the settlement of issues in a suit for payment of money, the defendant may be required to disclose their assets on oath to the extent of their liability.
Furthermore, courts may, at any stage during the suit's pendency, demand security from the defendant to ensure the satisfaction of any decree that may be passed.
Unfortunately, courts are often hesitant to exercise these powers, and there are few instances where defendants have been compelled to disclose assets or provide security for the decretal amount during the pendency of the suit.
Although Order 21 Rule 41 CPC empowers the court to examine the JD and
compel disclosure of assets, the absence of a centralized asset database accessible to the public makes it easy for JDs to conceal their true assets.
To effectively execute money decrees, trial courts must exercise their powers in terms of the Supreme Court's ruling in Rahul S Shah v. Jitendra Kumar and compel defendants to disclose their assets or furnish security for the suit amount, especially when the defendant's case appears weak and a decree is likely to be passed against them

1)Delhi High Court - Subhash Agarwal v. Abhishek Andley & Ors. (2019) 

2) Bombay High  - N. Chandra Chems v. Varma Mukherji Pvt. Ltd. (2007)  

3) Delhi High Court - Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Venture (2016)

Order XXI Rule 41 reads as follows -

41. Examination of judgment-debtor as to his property.—
(1) Where a decree is for the payment of money the decree-holder may apply to the Court for an order that—
(a) the judgment-debtor, or
(b) where the judgment-debtor is a corporation, any officer thereof, or
(c) any other person,

be orally examined as to whether any or what debts are owing to the judgment-debtor and whether the judgment-debtor has any and what other property or means of satisfying the decree; and the Court may make an order for the attendance and examination of such judgment-debtor, or officer or other person, and for the production of any books or documents.
(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days, the Court may, on the application of the decree-holder and without prejudice to its power under sub-rule (1), by order require the judgment-debtor or where the judgment-debtor is a corporation, any officer thereof, to make an affidavit stating the particulars of the assets of the judgment-debtor.
(3) In case of disobedience of any order made under sub-rule (2), the Court making the order, or any Court to which the proceeding is transferred, may direct that the person disobeying the order be detained in the civil prison for a term not exceeding three months unless before the expiry of such term the Court directs his release.

Given the plain language of the legal provisions, what is the relevance of searching for High Court and Supreme Court Judgments?

Thank you very much Kalaiselvan sir, Vashista sir, Kartikeya sir and Venu sir. It was very helpful.

You are welcome Mr. Ravi for understanding and appreciation.

You are welome for your appreciations.

Sir, I have one follow-up question please. When we know the property of the judgement debtor I understand that we have to make application with Form 6 Appendix E. But when we are making application to know the properities which Form should we use. Request you to please kindly help. 

Thank you.

Ravi Palla

You may file a petition under the said provisions of law seeking court's direction to the judgment debtor to furnish the details of the property in the format of an IA.