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How to secure attachment of movables and reliefs without notice to the award debtor (Continued)
Important judgements (interpretation provided as per CPC):
Case name and Principal of law decided upon and relevant paragraph citation nos.
1.
Jayarama v. Ajjanna, ILR 1986 Kar 1573
Whether a judgment-debtor can file a caveat to an execution?
Not unless the judgement debtor has a right of being heard (paras. 11-14 and 17).
Whether a judgement debtor is entitled to a notice for an execution application which is filed prior to 2 years from the date of decree?
The judgment debtor is not entitled to notice or is not entitled to be heard at all unless the said application falls within the scope of Order 21 Rule 22 or Order 21 Rule 37 or some other provision of the CPC (para. 15-16).
2.
M.L. Gupta vs. Aerens Gold Souk International Ltd. and Ors. (22.02.2018 - DELHC) : MANU/DE/0953/2 018
When is the issuance of notice mandated for an execution application?
Issuance of notice in an execution Application is mandatory only in the following situations:
(i) two years after the date of the decree; or
(ii) against the legal representative of the judgment debtor or;
(iii) decree filed under Section 44A or against an assignee; or (iv) receiver in insolvency, where the judgment debtor has been adjudged to be an insolvent (para. 13).
What is the purpose of filing an application under Order 21 Rule 22 of the Code of Civil Procedure, 1908?
The decree can be executed without the issuance of the notice, resulting in the decree-holder realising the decretal amount expeditiously (para. 13).
Cheatsheet when seeking an order of Order 21 Rule 22
It is quite often a requirement for a person filing an application under Order 21 Rule 22 of the CPC to make the mistake of only filing an application under Order 21 Rule 22 of the CPC.
In many such situations, the court may not allow the application. It is often a requirement to also file:
- A list of movables in the property situate for attachment; or ii. The details of the bank account to be attached; or
iii. The details of immovable property in which the person you seek to evict is residing in.
Please note that the list of situations stated above is not exhaustive and this application can be filed in combination with other applications (provided that none of the applications mandate a notice to be issued to the award debtor). You may also carry the list of judgements as summarised and given in this chapter with you to convince the judge that your interlocutory application under Order 21 Rule 22 of the Code be permitted.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
- How to secure attachment of movables and reliefs without notice to the award debtor
- Important judgements (interpretation provided as per CPC):
- Cheatsheet when seeking an order of Order 21 Rule 22
