Latest Blogs:
Frequently Asked Questions In Respect To Will Is There Any Limitation For Filing Civil Suits? Difference Between The Words “rejoinder” And “replication” Used In Civil Litigations. What To Do If Someone Uses Your Brand Name? What Is The Difference Between Rent Deed And Lease Deed? Difference Between Mutation Of Property And Registration Of Property What Is A Friendly Loan? Points To Remember At The Time Of Selling A Motor Vehicle To Avoid Fraud Are Email Contract Valid? Tips To Expedite Your Civil Suit Communications Between Husband And Wife Are “privileged Communications” Why You Should Disclose All The Facts To Your Advocate Before Filing A Suit/complaint When Can Court Issue Non-bailable Warrants? What To Do Next When Court Decides The Suit In Your Favour What Happens When An Fir Is Registered? Is There Any Time Limit For Registration Of An Fir? Can I Record Phone Calls And Use Them As An Evidence In The Court Of Law? Difference Between Promise To Marry And A False Promise To Marry How Do Advocates Fix Legal Fee In A Case? Can A Police Officer Search Your Office Or House Without A Search Warrant? Does An Act Of A Couple Sitting In A Park Amounts To Obscenity? Where To File A Claim When There Is An Injury Or Damage To The Property Of A Person Due To A Motor Accident? What Is A Bail Bond? What Is Zero Fir? Outraging Or Insulting Modesty Of A Woman Is Sending A Legal Notice Mandatory Before Initiating Civil/criminal Proceedings? Why Do Advocates Need Vakalatnama From Clients? Why Police Is Reluctant To Register An F.i.r? Self Incrimination: Can The Accused Be Compelled To Reveal Their Mobile Passwords? Murder And Culpable Homicide: The Difference History And Development Of Law Of Arbitration In India Practical Stages Of A Civil Suit Important Key Points For Landlords To Remember At The Time Of Executing Rent Agreement What To Do If The Police Officer Is Not Registering An Fir Cheque Bounce? Remember Rule 30-15-30 When To Apply For An Anticipatory Bail? Can I Trust My Husband/wife’s Advocate For Filing A Joint Petition Seeking Mutual Divorce? What Is Plea Bargaining In Criminal Proceedings?

Welcome To Nyay Options!

WHAT TO DO NEXT WHEN COURT DECIDES THE SUIT IN YOUR FAVOUR

  • Home
  • Blog
  • WHAT TO DO NEXT WHEN COURT DECIDES THE SUIT IN YOUR FAVOUR
WHAT TO DO NEXT WHEN COURT DECIDES THE SUIT IN YOUR FAVOUR
What To Do Next When Court Decides The Suit In Your Favour

When an order/judgment/decree is passed by the Court in favour of a party and against the other party to a Suit, the party in whose favour, the decree is passed becomes a Decree Holder and the person against whom the decree is passed becomes a Judgment Debtor. In case of a money Suit (Suit for Recovery), the order/judgment/decree states the amount payable by the Judgment Debtor to the Decree Holder and also the time within which the order is to be complied. The Decree Holder after receiving the order/judgment/decree has to wait for the time period stated in the order and in case, the said order/judgment/decree is not complied by the Judgment Debtor within the stipulated time. The Decree Holder has to approach the court passing such order/judgment/decree with a Written Petition for execution/enforcement of the order/judgment/decree. The said Petition has to be filed alongwith certified copy of the order/judgment/ decree and the same is called “Execution Petition”. The order/judgment is to be executed within 12 years from the date of passing order/judgment/ decree as per the provisions of The Limitation Act, 1963. The Execution Petition is filed under Order XXI CPC.

After filing of an Execution Petition by the Decree Holder against the Judgment Debtor, the court send a notice to the Judgment Debtor for compliance of the order/judgment or to file objection to the said Execution Petition. The notice is to be given as per provisions of Order XXI Rule 22 CPC, if the Execution Petition is filed after 2 years from the order/judgment/decree. In case, the Execution Petition is filed within 2 years of the order/judgment/decree, the Courts are not bound to issue notice to the Judgment Debtor and issue warrants for attachment of moveable/ immovable assets of the Judgment Debtor. However practically, the Courts issue a notice upon the Judgment Debtor for comply the orders or to file objections to the Execution Petition irrespective of the Execution Petition being filed within 2 years of order/judgment/decree.

The Judgment Debtor, appearing on the first date after receiving notice from the court on the said Execution Petition, may comply the terms as stated in the order/judgment/decree or may file objections to the Execution Petition. The court wherein the Execution Petition is filed is also known as Executing Court and the Executing Court cannot go beyond the decree and hence, cannot hear the Judgment Debtor on merits of the case in which the order/judgment/decree has been passed. The Judgment Debtor has an option to file an appeal to such order/judgment/decree within 30 days from the date of decree before the Appellant Court (Appellant Court other than High Court). In case, the appeal is to be filed before High Court as per the provisions of CPC (Code of Civil Procedure), the appeal is to be filed within 90 days from the date of decree or order. The Judgment Debtor is required to obtain a stay order against the Execution Petition from the Appellant Court in order to stay the proceedings of the Execution Petition.

It is advisable to file Execution Petition without any delay alongwith list of assets (moveable and immoveable properties belonging to the Judgment Debtor).

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate


Whatsapp