90,000+ Legal Questions Answered
No property for order of decree
3 months ago
What if the female defendant has no property for order of decree?
A.Dear Client,
In the cases of execution of a decree for recovery of money, the Court may direct the judgment debtor (Defendant)r, at the initial stage itself, to file the affidavit of assets as on the date of the institution of the suit as well as of the current date i.e. date of swearing the affidavit in Form 16A, Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure along with a statement of all his/her bank accounts for the last three years within 30 days of the receipt of the notice and to remain present for being orally examined under Order XXI Rule 41(1) of the Code of Civil Procedure. In the event of the default of the judgment debtor to file the affidavit within the stipulated time, the judgment debtor be detained in civil prison for a term not exceeding three months under Order XXI Rule 41(3) of the CPC. Reach out to an Advocate for necessary guidance and steps.
In the cases of execution of a decree for recovery of money, the Court may direct the judgment debtor (Defendant)r, at the initial stage itself, to file the affidavit of assets as on the date of the institution of the suit as well as of the current date i.e. date of swearing the affidavit in Form 16A, Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure along with a statement of all his/her bank accounts for the last three years within 30 days of the receipt of the notice and to remain present for being orally examined under Order XXI Rule 41(1) of the Code of Civil Procedure. In the event of the default of the judgment debtor to file the affidavit within the stipulated time, the judgment debtor be detained in civil prison for a term not exceeding three months under Order XXI Rule 41(3) of the CPC. Reach out to an Advocate for necessary guidance and steps.
Helpful
Helpful
Share
A.Dear Client,
If the female defendant in a legal case has no property, obtaining a decree or judgment against her may pose challenges in terms of execution and realization of the awarded amount. The court's ability to enforce the decree largely depends on the defendant's assets and financial situation. In situations where the defendant lacks tangible assets, the execution of the decree might be hindered.
It is advisable to consult with a legal professional to explore alternative methods of enforcing the decree. This could include periodic income attachment if the defendant has a source of income, seeking information about her financial assets, or exploring other avenues to secure the awarded amount. Additionally, legal advice can guide you on whether pursuing the case further is a practical and viable option, considering the financial circumstances of the defendant.
Thankyou
If the female defendant in a legal case has no property, obtaining a decree or judgment against her may pose challenges in terms of execution and realization of the awarded amount. The court's ability to enforce the decree largely depends on the defendant's assets and financial situation. In situations where the defendant lacks tangible assets, the execution of the decree might be hindered.
It is advisable to consult with a legal professional to explore alternative methods of enforcing the decree. This could include periodic income attachment if the defendant has a source of income, seeking information about her financial assets, or exploring other avenues to secure the awarded amount. Additionally, legal advice can guide you on whether pursuing the case further is a practical and viable option, considering the financial circumstances of the defendant.
Thankyou
Helpful
Helpful
Share
Read Related Answers
Disciplinary process for officer rank employee and a management staff.
Dear Client,
Holding a managerial position in the company, you have to pursue your grievance in respect of fairness or unfairness of disciplinary proceedings that ended up imposing harsh punishment be...
Repairing require for 4 storage Building
Dear Sir,
Every major repair to any building requires permission from local authority like KMC etc.
Disciplinary process for management staff
Dear Sir,
The charge officer to protect himself taking the signature of charge sheeted person on the order sheet, otherwise the charge sheeted person may question tomorrow that he does not know the co...
Disciplinary process
Dear Client,
An Enquiry Officer(EO) can seek clarification of any law point from the legal cell of the company or the panel lawyers of the company if it is required to respond to a query of a charge-s...
Cheating case
Dear Client,
In the absence of any documentary evidence, neither can you lodge a complaint against your mother's friend with the Police, nor can you file a criminal suit for cheating on jewelry in Cou...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
