Dear Lawyers,
Kindly solve my query.
I had filed a Money Suit under Order XXXVII of Code of Civil Procedure, 1908 for recovery of principal amount of Rs. 90,000/- against an individual. Court awarded decree for Rs. 90,000/- along with interest at the rate of 6% per annum. The Debtor(Respondent) failed to appeal within the prescribed time-limit. Thereafter, I filed Execution Petition for arrest of Debtor. Debtor paid around 60% of the Decretal Amount and after that went to his native place for 3 months. Now, Debtor is avoiding payment citing inability to pay. However, Court has asked me to certify the Payment received under the Decree.
My Lawyer is unable to guide me as he is clueless on further steps to be taken in my case !
1. How to file Part-Satisfaction Memo (P.S. Memo) in the Court ?
2. Is there any format for filling P.S. Memo ?
3. Can the PS Memo be typed on Ordinary paper and presented to Court ?
4. Can the PS Memo be filed directly by the Decree-Holder(Myself) in the Court ?
5. Do we need to affix any court-stamps/court-fees on the P.S. Memo ?
Regards,
Justice Seeker
Raigad,Maharashtra.
