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Tushar Jha (Advisor)     24 July 2013

Execution of decree under order 37 c.p.c.

Hello Everyone,

Please resolve the below query.
 
Case was filled under Order 37 of Civil Procedure Code (Summary Suit).
 
The decree was passed in favour of Plaintiff. It was an ex-parte decree.
 
The respondent failed to respond/reply to the notice issued about the said decree.He failed to challenge the judgement before higher tribunal/Court.
As a result the limitation period lapsed.
 
The Liquidator issued notice to the respondent that if he fails to comply with the decree,the process of attachment of his property(immovable) will be initiated.
 
Hence, respondent intimated to the Liquidator that he will comply with the decree & settle the due amount as per judgement.
 
My Query :-

1. Will the respondent pay the outstanding money mentioned in the order directly to the Plaintiff via Cheque/D.D. or he will deposit the money with the Court ?
 
2. Say if he deposits the money in the Court,how will the Court disburse the money to the Plaintiff ?(Kindly enumerate the procedure of disbursement of money to the plaintiff by the Court)
 
Please reply urgently.
 
Awaiting your earliest response.


Learning

 1 Replies

surjit singh (Assistant)     25 July 2013

the money can be given directly to the decree holder in the court or it can be deposited with the office of the court with the permission of the court .The decree holder can file an application for release of the amount upon the court will pass  an order for releale of the amount.

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