Dear Legal Experts,
I have a doubt regarding law of limitation.
A Civil Court in Nadiad(Gujarat) passed a decree for a sum of Rs. 5,42,871/- with costs & interest @ 9% p.a. on April,5th,2011. No appeal was preffered by the Decree-Holder. Furthermore, Defendants failed to appeal against the said decree within 90 Days from the Date of Decree.
Plaintiff(Decree-Holder) filed execution petition on July,21st of 2011 for attachment of movable property (Motor Car) for recovery of decree-debt. However, the sale of motor-car only fetched Rs. 3,10,000/-. The sale was finalized on Sept,11th,2011. Since,the amount received by the Decree-Holder was less than the principal Sum decreed, the Decree-Holder applied to the Court for arrest of J.D. as per Order 21 Rule 38 of C.P.C. J.D. was absent when Bailiff went with police to arrest him.
After that J.D. appear in court citing his poor health conditions prayed to the Court not to send him to Civil Prison, to which court agreed. We opposed J.D.'s prayer but the same was over-ruled by the Court.
J.D. said in the Court that he will pay Rs. 20,000/- monthly as installments towards payment of decree amount. We accepted the same. After 2 months payments stopped coming and then we approached the Court to inform the same & arrest him again. But this time Bailiff submitted a report in the Court that J.D. is absent.
We came to know from his neighbours that he left the city & he was living in Nadiad in a rented-flat. Also, he owed money to other creditors including bank, service tax authorities in the past.
On further inquiry, we came to know that J.D. has some Non-Agricultural Land admeasuring 600 Sq. Mtrs (approx. 6500 Sq. Ft.) in a village in District of Dindori in Madhya Pradesh.
Thereafter, we applied to the Court for attachment of J.D.'s Non-Agricultural Land at Dindori on March,29th,2016. The court said that attachment of Land in Dindori(M.P.) is beyond its power. Court instructed us to find out if J.D. has any property within the District of Nadiad. However, we were unable to locate any property of J.D. within Nadiad.
Q1. How can we attach and auction J.D.'s land situated at Dindori District in Madhya Pradesh? Which section or part of Civil Laws would be helpful to us ?
Q2. Since the decree was passed in this suit on April,5th of 2011 & 1st execution petition in this suit was filled on July,21st of 2011. Will the District Court of Dindori(M.P.) allow us to file 2nd executition petition now in 2016 ?
Q3. Is the case of Decree-Holder barred by Law of Limitation ? Considering the facts & circumstances, what is the limitation period in this case ?
Q4. Since, we were unable to know of any other property of J.D. all this while and now that we have identified an immovable property of J.D. Can Court grant us pardon and allow us to file 2nd Execution Petition in this case, if time-barred due to law of limitation ?
Q5. Also, J.D. made a prayer to the Court about paying us decree amount via installments but thereafter he absconded the local limits of Nadiad District. Can the act of J.D. be treated as Contempt or giving False Statement to the Court ? One of the Exhibits in the Court-files has his signature on a paper accepting that he will pay Rs. 20,000/- monthly.
By,
Aggrieved Money-Lender.
