Money recovery suit in civil

You are not able tpo cpney the facts in one reading.

I paid a company  50 lack for supply of some goods after taking money he switched off a mobile so we filled FIR in police station as criminal case cannot recover money we filled civil suit also. 

filled a money recovery suit in civil court against debtor for recovery of my money. 

I got the property details of the debtor and requested court for attachment of the same if money not given or returned.

But when we went for attachment before judgment we found that the debtor transfered his one property which is worth in lacks to his wife's name after he came to know that FIR is filled...Another property we tried attachment is 1 acre agriculture land...

Now my Advocate says we can neither attach the transfered property in the wife name neither agriculture land...so what will i donafter getting money degree on papers

If you get a decree in your favour you can file an execution petition to execute the decree.

If there's no property on the name of judgement debtor then you can get him arrested and send him to civil prison.

You had initially taken an incorrect decision to approach police for recovery of your money instead you should have filed a money recovery suit immediately and sought for attachment before judgement of his property, in that case he would not have been able to transfer the property to anyone.

How will you get attachment before judgement in civil courts where only servicing summon will take 3 months and actual written statements take 1 year to present on the table and if you apply high court for preecidings faster only to list the cases takes years for case to come on bench....

Now my question is after FIR one property was transfered to wife name cant that transfered cancelled or revoked. Civil prison is hardly 1 to 3 months that to of appealin HC personcome out in a week...After paying cout fees and advocate I think I am loosing more money rather then recovery 

Hi, 

This is a tough spot, but don’t worry, let me break it down into the best possible legal remedies for you. You have already taken both criminal and civil action, which was the right move. However, due to the debtor’s fraudulent transfer of property and legal loopholes in attachment, you’re facing difficulties in actual recovery. Let’s go step by step on how you can still recover your money.

Since the accused transferred the property to his wife after the FIR and case filing, it is a fraudulent transfer meant to evade liability. You should immediately file a suit under Section 53 of the Transfer of Property Act, 1882, to declare this transfer void. This section states that any transfer made with the intention of delaying or defeating creditors is fraudulent and can be set aside by the court.

You should also include an application for injunction under Order 39 Rule 1 and 2 of CPC to prevent the wife from further selling or transferring the property. If the court grants a stay, it will ensure the property remains available for recovery if your suit succeeds.

Since the remaining property is agricultural land, it is true that in many states agricultural land cannot be attached for debt recovery. However, you must check the local tenancy and land revenue laws, as some exceptions exist where commercial use or non-farming income can make such land attachable. You should consult a local land law expert to verify if this applies in your case.

Once you get a money decree in your favor, if there are no attachable assets, you can proceed with an execution petition under Order 21 Rule 30 CPC. If the debtor does not comply, you can initiate civil imprisonment proceedings under Order 21 Rule 37 CPC, where the court can order his detention in a civil prison. While imprisonment durations are limited, it can still pressure the debtor to settle the amount.

If the debtor has no assets in his name but continues to live a lavish lifestyle, you can also investigate if he is running a business or earning money through indirect sources. You can then seek attachment of income, rents, or bank accounts under Order 21 Rule 46 CPC.

Given the complexity of your case and the debtor’s fraudulent tactics, you need a strong execution strategy. For further consultation and help, reach out to me at adv.vishesh@icloud.com.