Recovery of money decreed in another suit
Question From: Civil Law
There is 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 defendent of suit B took plea that another suit, on the same cause of action, is decreed by the Ratlam court.
Now I, 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 first suit is decreed and subsequent suit is pending but still you have 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 right to get order from the court for attachment of decreed amount/money till the decision of rights of other defendants. Actually defendants are interested parties in the suit.
Their right should not be curtailed due to filing of suit in different court or in wrong court. If execution of decree is pending, it is presumed by the law that interest of parties are still open to decide. Executing court has right under Section 47 CPC to decide all the right come forward in its court during execution.
You should file application for 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.
Court shall pass an order in your favour and direct to the court to attach the property or decree amount till the decision of rights of interested parties.
Image courtesy : google.com
Ask A Question
You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)
Talk to Advocate
Talk to advocate on phone for 30 minutes and get solid legal advice
Succession Certificate: Section 372 [The Indian Succession Act, 1925] 372 Application for certificate. — (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner...
Sub-section 4 of Section 125 crpc enumerates that if a wife without any reasonable cause refuses to live with her husband, she is not entitled to maintenance. The court before granting an order of maintenance must examine the fact of refusal to live with the husband.
The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.
Section 154 CrPC does not mandate that only victim can lodge the FIR. Any person can register the FIR if he knows that a cognisable offence has been committed. In Prakash Singh vs State of Punjab, the Supreme Court held that police officer could not make an inquiry about genuineness of FIR.
Get A Quick Advice
Book an appointment for 15 minutes and consult with an expert over the phone within minutes
Join Our Newsletter
Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts