Execution proceedings
Env Coord
(Querist) 10 December 2014
This query is : Resolved
Dear Experts,
Kindly resolve my query.
A Navi Mumbai Court(in Maharashtra) passed a decree in a Summary Civil Suit filed under Order XXXVII (Order 37) of Civil Procedure Code,1908 in the year 2011.Court pronounced Judgement in June,2012.
Darkhast for execution of decree was filed by the Plaintiff's Advocate in Dec,2012.
In Sept,2013 the respondents(Judgement Debtor) started paying the Decretal amount in instalments (on a monthly-basis).The Debtors paid around 45% of the Decretal Amount till January 2014.
In Feb,2014 the Plaintiff's Advocate died a natural death due to old age.As this fact came to the knowledge of Judgement-Debtor he stopped paying the Decretal Instalments to Decree-Holder since Feb,2014.
The Decree-Holder is a Lower-Middle class person unable to hire a Lawyer,as most of the Lawyers want to charge 20% of the Outstanding Amount as fees.(which he can't afford).
Kindly guide as to what steps can Decree-Holder take to expedite the recovery of the outstanding decretal amount from the Debtor?
Can he approach District Legal Aid Services?
If not,then can he represent himself in the front of court under Section 32 of Advocates Act,1961.
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
Yes he can avail of either of the option suggested by you i.e., taking help from free legal through Dist legal service authority or to appear as party in person.
Env Coord
(Querist) 10 December 2014
What is criteria to seek help from District Legal Aid Services ? How much Legal Fee do they charge ?
What documents need to be submitted before engaging a Lawyer from District Legal Aid Services ?
P. Venu 
(Expert) 11 December 2014
The primary criterion is income; as per the existing norms, persons with an annual income of less than Rs.72,000/- can seek free legal aid.
The decree holder has also the option of requesting the Court to refer the matter to the Adalat.
malipeddi jaggarao
(Expert) 13 December 2014
Since the decree is already awarded, the judgement-debtor repaid part amount, why cannot you have a dialogue with him for the remaining payment? Alternatively, if the EP proceedings are not closed, the decree-holder can represent himself as party in person as no much legal issues are left with.
