Civil jail
RAJESH
(Querist) 26 January 2013
This query is : Resolved
If I have a decree in my favour and the person is not giving me the money. Then if I file an execution, that person will be put behind the bars.
But what would be the fate of my money.Can I put request the court to again put him behind the bars.
prabhakar singh
(Expert) 26 January 2013
Does Judgement debtor have no properties from which decreetal amount can be realized.What is the amountof decree.
It would not be possible for you to get him in civil prison so easily.Refer to section 58 of the C.P.C.Sending a judgment-debtor to the civil prison, though once very frequent, is, in every civilized country, now hedged in with many restrictions, & is only allowed in rare cases, mostly cases of fraud, contumacious refusal to pay though there are ample means, etc.
Sudhir Kumar, Advocate
(Expert) 26 January 2013
If he is jailed you get no money as he will be having no assets. On the contrary you have to pay the expenses for stay in Jail as it is criminal only whose expenses are born by Govt.
V R SHROFF
(Expert) 26 January 2013
you must apply for execution of decree by attachment and sale of all his movable and immovable properties. Court will issue warrant for attachment and sale.
12 years id Limitation period. Wait and watch after getting Warrant, go on re-issue. Let his neighbours know, there is warrant to attach & sale all his properties, even furniture and fixture, including his bed, chair etc.
Try for it ///
Jail is last resort, when he is needed the most in his house, like at time of marriage/ ceremonies // that he will prefer to pay then be away from home..
ajay sethi
(Expert) 26 January 2013
agree with experts
J K Agrawal
(Expert) 27 January 2013
The Civil Jail is possible only under conditions stated in section 51 of CPC. So it is almost impossible or very tough to get one behind bars under execution of money decree.
