File an additional application under Order 21 Rule 41(2) read with Section 151 of the C.P.C. for examination of Judgment-Debtor (J.D.) regarding his means of satisfy his obligations under the decree and details of his bank accounts and copy of his Income Returns for last 3 Financial Years.
In the application state that you pray to the Court for directions to be given to Judgment Debtor to file affidavit of his assets in Form 16A, Appendix E, under Order 21 Rule 41(2) of the CPC. If Judgment Debtor fails to file affidavit of his assets as per orders/directions of the Court, then Judgment Debtor can be sent to Civil Prison for disobeying court's order under Order 21 Rule 41 (3).
NOTE : Even in Civil Lawsuit, a defendant/debtor can be imprisoned. The following judgment by Hon'ble Delhi High Court is an example of the same,wherein a Judgment Debtor was jailed.
Case Law for Order 21 Rule 41 of CPC :- Hindustan Paper Corporation Ltd. Vs. M/s. Western Express (Services)
Date of Judgment : 12 February, 2016
Citation :- 2016(228) DLT 61 :
2016(4) AD(Delhi) 50 :
2016(2) CivCC 362
If J.D.(Opposite Party) appears and files his affidavit disclosing the details of his bank accounts and F.D.'s, then you can also file application for attachment of his Bank Accounts and Fixed Deposits under Order 21 Rule 46 (Proceeding against Garnishee). Court can order his bank accounts to be frozen and Fixed Deposits to remain with the bank pending any further action by the Court.
By filing Execution Petition, a Decree-Holder(Original Plaintiff) can execute the decree against those movable properties of Judgment debtor(Opposite Party) in the custody of third person under Order 21, Rule 46 (1) (c ) (iii) read with Order 21 Rule 11(2) of C.P.C.
Under Or. 21 Rule 46. Attachment of debt, share and other property not in possession of judgment-debtor
(1) In the case of--
(c) other movable property not in the possession of the judgment-debtor, except property deposited in, or in the custody of, any Court, the attachment shall be made by a written order prohibiting,--
(iii) in the case of the other movable property except as aforesaid, the person in possession of the same from giving it over to the judgment-debtor.
