VOLUNTARY DISCLOSURE OF PROOF AFFIDAFIT
Querist :
Anonymous
(Querist) 13 April 2010
This query is : Resolved
DEAR SIR,
I HAVE FILED A CIVIL CASE(MONEY SUTE) AGAINST DEFENDENT,IN WHICH I GOT A JUDGEMENT IN FAVOUR OF ME SUBSEQUENTLY,DECREE WAS ALSO OBTAINED.AS THE DEFENDENT HAS NOT PAID ANY MONEY,EVEN AFTER THE JUDGEMENT, I FILED AN E.P.IN WHICH NO ONE HAS APPEARED . SO E.P WAS DECIDED AS EXPARTE.THEN THE EXECUTING COURT HAS ISSUED CIVIL ARREST WARRANT, WHICH WAS THE ONLY PRAYER IN MY E.P. NOW, DEFENDENT IS EVADING FROM ARREST, I HAVE GOT THE WARRANT EXTENDED 4TH TIME NOW, STILL HE IS EVADING. SO I AM PLANNING TO EXHIBIT MY SELF AS AN EVIDENCE IN A CRIMINAL CASE,WHERE HE WAS ARRESTED UNDER SECTION IPC420(CHEATING),FIR(POLICE CASE) WAS ALSO FILED AGAINST THE SAME PERSON UNDER THE DIRECTION FROM HIGH COURT.NOW HE IS ON BAIL, AND ATTENDING THAT CRIMINAL CASE HEARINGS WITHOUT FAIL.AT THIS JUNCTURE THAT CRIMINAL CASE HEARING IS COMING ON 27TH APRIL.IS IT POSSIBLE, ICAN ARREST HIM, WHILE HE COMES TO ATTEND THAT HEARING? ALSO, I WOULD LIKE TO EXHIBIT MY CIVIL CASE DECREE AS AN PROOF OF EVIDENCE TO PROVE THAT CRIMINAL CASE. WHAT IS THE PROCEDURE TO MAKE MY SELF AS EVIDENT.
PLEASE GIVE YOUR VALUABLE SUGGESTION ON THE SUBJECT MATTER.
R.R. KRISHNAA
(Expert) 13 April 2010
Immediately file an application before the EP court seeking urgent directions be issued to the executing authorities to effect civil arrest of the defendant on 27th April while he comes to attend the hearing.
adv. rajeev ( rajoo )
(Expert) 13 April 2010
you know that on 27th he is coming to attend the criminal case sobe with the court beleifs
when he comes to the court help belef to arrest in the spot.
My advise if JD has got any immovable property file an application to attach it instead of going of civil imprisonment. In civil imprisonment you will have to deposit the expenses of the JD if he kept in the civil imprisonment. You are wasting the time.
adv. rajeev ( rajoo )
(Expert) 13 April 2010
you know that on 27th he is coming to attend the criminal case sobe with the court beleifs
when he comes to the court help belef to arrest in the spot.
My advise if JD has got any immovable property file an application to attach it instead of going of civil imprisonment. In civil imprisonment you will have to deposit the expenses of the JD if he kept in the civil imprisonment. You are wasting the time.
adv. rajeev ( rajoo )
(Expert) 13 April 2010
you know that on 27th he is coming to attend the criminal case so be with the court beleifs
when he comes to the court help belef to arrest in the spot.
My advise if JD has got any immovable property file an application to attach it instead of going of civil imprisonment. In civil imprisonment you will have to deposit the expenses of the JD if he kept in the civil imprisonment. You are wasting the time.
Parveen Kr. Aggarwal
(Expert) 14 April 2010
An executing court can enforce a decree by attachment of property of the Judgment debtor or by his civil imprisionment. You may furnish list of properties of the Judgment Debtor and the court may order for attachment and auction thereof. You may also get him arrested for undergoing civil imprisonment on your making payment.
