Execution of civil decree
ASHOK MAHESHWARI
(Querist) 14 December 2015
This query is : Resolved
Can a woman be arrested in civil decree if she is unable to pay the decrial amount? She is a wife of a practising advocate and in the decision for a suit of eviction, rent and losses order is passed against her. Weather Under the Code it is permissible to arrest and detain a woman who violates an interim injunction? because she did not paid rent even after interim order since a long time and so the decree amount increased up to a tune of Rs.3,15,000/-
Guest
(Expert) 16 December 2015
first of all injunction means order to stop doing damage to property. what kind of interim injunction is passed against her and how did she violate it?
now for the unpaid rent part, if she can show sufficient cause why she cannot pay the rent, then she will be excused.
Anupam Lahiri
(Expert) 16 December 2015
It is not understood as to how so huge amount is charged in terms of the injunction. Pls state the details of the injunction passed by the court.
ASHOK MAHESHWARI
(Querist) 16 December 2015
She occupied my property on rent agreement for 11 months and after 9 months, stppoed paying rent and filed a civil suit for permanent injunction with totally falsehood in pleading and referring of oral agreement and occupancy of past 5 years, she got interim order. I counter-filed a civil suit for eviction, rent and losses in which interim order was passed for payment of rent amount Rs.11,300/- or to deposit the same in the court every month up till the final decision. She did not obeyed it and not even vacated the premise, now in final order of eviction and losses she has to pay Rs. 3,15,000/-
T. Kalaiselvan, Advocate
(Expert) 24 December 2015
On the basis of not obeying the court order, you may put pressure on court to dispose the suit i your favor and after that you can file an execution petition to evict her by due process of law as well as recovery of balance amount.
