Defaulting order of decree

Facts, as posted are disjointed and hence, unable to understand. Is it that the bank/money lender has filed case against you in the Court or that you have filed case against the friend and her sister? 

Please repost the past the facts and the issue, if any. 

Im sry, my Q is not clear, as promised they to repay emi and the borrowed loan amount. I have filed recovery suit on both of the sisters

It's 2 yrs now, the hearing going exparte...I'm unable to fund more for the case and the loan emi is also a burden on me

Even i run the case and if the order of decree is challenged by them, being females and not earning, or not holding any property, can they escape the order of decree? 

Thnx for ur time and effort

A woman cannot be arrested in civil prison proceedings for the execution of a money decree in India. This is because women are protected from arrest and detention by statute.

Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

As regards arrest of the judgment debtor in execution of a decree, section 56 of the Code of Civil Procedure, 1908 categorically prohibits the arrest of a woman in execution of a decree for money.

Thnx for ur reply sir

In that case, should I waste my time in proceeding the case? Or will the court make any other arrangements to recover the money?  

If you have approached court with a suit for money recovery then the court if satisfied by the evidences and documents produced before it then it may pass a judgment in your favor. 

After that you have to file an execution petition to execute the judgment. 

If they have any property including movable property,  you can seek to acquire them if they fail to repay. 

Hence it is your decision. 

Arrest alone is not the solution,  you can make a list of the valuable items in their possession and claim them to compensate the decree amount. 

Thnx sir, but finding their properties is put of my reach..my online querry is what will happen if she comes and says that she will not be able to pay, and certainly she will say that she has no property or belongings to execute the order

Her household items like fridge,  washing machine,  vehicle on her name and other valuable items in her residence can be sought to be attached and brought for auction sale to recover your decree amount. 

Execution of decree has a procedure, which has to be adopted to get the decree satisfied.

Contact and consult your lawyer.