Recovery of money decreed in another suit

There are two suits filed in different courts. Suit A was filed in District Ratlam and suit B is filed in district Nashik. Suit A is decreed and execution proceeding id pending. Suit B is pending and one defendant of suit B took a plea that another suit, on the same cause of action, is decreed by the Ratlam court. Now I, the plaintiff of suit B found myself in deep tragedy to recover my money which is decreed in suit A. Is there any proceeding to recover my money?

by Shivendra Pratap Singh | Sep 26, 2015 | Civil Matters

There are two suits filed in different courts. Suit A was filed in District Ratlam and suit B is filed in district Nashik. Suit A is decreed and execution proceeding id pending. Suit B is pending and one defendant of suit B took a plea that another suit, on the same cause of action, is decreed by the Ratlam court.

Now I, the plaintiff of suit B found myself in deep tragedy to recover my money which is decreed in suit A. Is there any proceeding to recover my money?

You should know that two suits cannot run concurrently on the same cause of action. Law avoids multiplicity of judgments on the same cause of action. However the first suit is decreed and the subsequent suit is pending but still, you have the right to recover your money which is decreed in suit A.

When there are many defendants and some of them have filed suit in another court have the right to get an order from the court for attachment of decreed amount/money till the decision of rights of other defendants. Defendants are interested parties in the suit.

Their right should not be curtailed due to filing of the suit in a different court or wrong court. If the execution of a decree is pending, it is presumed by the law that interest of parties is still open to decide. The executing court has right under Section 47 CPC to decide all the right come forward in its court during execution.

You should apply a direction under Order 21 rule 52 CPC as : 

Where the property to be attached is in the custody of any court or public officer, the attachment shall be made by a notice to such court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the court from which the notice is issued:

Provided that, where such property is in the custody of a court, any question of title or priority arising between the decree-holder and any other person, not being the judgment debtor, claiming to be interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by such court.

The court shall pass an order in your favour and direct to the court to attach the property or decree amount until the decision of rights of interested parties.

Author's Profile

Tags: Civil Law

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Bank refused to obey the order of Lok Adalat

Mar 9, 2025 |

This legal guidance explains the remedies available when a bank fails to comply with a compromise order passed by the Lok Adalat despite receiving the settled amount. It discusses enforcement of the award, execution proceedings, contempt-related remedies, and the legal course available against arbitrary action of the bank.

Subsequent proceedings in arbitration matter

Feb 7, 2025 |

This legal guidance explains the legal consequences and subsequent proceedings arising after an arbitration award or order in an arbitration matter. It discusses enforcement of the award, challenge proceedings under Section 34 of the Arbitration and Conciliation Act, execution remedies, limitation periods, and the jurisdiction of courts in post-award disputes.

Civil court dismissed suit for want of jurisdiction

Jan 11, 2025 |

This legal guidance explains the remedies available when a civil court dismisses a suit on the ground of lack of jurisdiction. It discusses return of plaint under the Civil Procedure Code, refiling before the competent court, limitation protection, and the legal consequences arising from adjudication by a court lacking jurisdiction.

Admission in NRI quota can be changed afterwards

Dec 25, 2024 |

This legal guidance explains whether admission obtained under the NRI quota can subsequently be altered, cancelled, or converted to another category. It discusses eligibility conditions, consequences of misrepresentation, university regulations, refund issues, and the legal remedies available against arbitrary cancellation or change of admission status.

Claim related to motor accident in consumer forum

Dec 2, 2024 |

This article discusses whether a claim arising out of a motor accident can be pursued before a Consumer Forum in addition to or instead of proceedings before the Motor Accident Claims Tribunal (MACT). It examines the maintainability of such claims under consumer protection law, the liability of insurance companies, and the distinction between deficiency in service and statutory compensation under the Motor Vehicles Act.