Money suit for claim from real estate developer

Have you filed the suit for recovery or injunction?

If the defendant is not appearing even after receiving summons then the court can pass exparte decree.

You can follow the procedures to execute the decree as per law subsequently.

suit has been filed for recovery but since defendant is keeping absolutely quiet and neither objecting nor appearing would it be necessary to move an injunction petition to force them to appear?

exparte will be prayed if he doesnt appear second time

but question is how to execute the decree? defendant is just not responding at all just receving the summons and hiding.. is there any way to file a petition for auction for execution of decree?

Injunction petition is only to restrain and not for forcing his appearance.

If he is not appearing and not represented by his advocate then the court will set him exparte but if his advocate is representing regularly then his presence is not essential.

If he has received the summons and is not appearing before court then the court will automatically set him exparte upon which you get an exparte decree by filing your evidence and then file an execution petition to recover the money by bringing his property under attachment and auction sale.

The situation  posted is an artifice than real. Once the summons has been taken to be served,  the defendant remain passive. If so, the proceedings shall prceed ex-parte.

Legal Answer:

If the defendant in a money suit remains continuously absent despite being served with summons, the plaintiff can take the following legal steps:

1. Ex-Parte Proceedings & Decree Execution:

   • If the defendant does not appear, the court can proceed ex parte and pass a decree in favor of the plaintiff.
   • Once the decree is obtained, the plaintiff must file an Execution Petition under Order 21 of the CPC to enforce the judgment.

2. Attachment of Property (if known):

   • If the defendant owns property, an application for attachment before judgment (Order 38 Rule 5 CPC) or attachment in execution (Order 21 Rule 54 CPC) can be filed.
   • Since the property is under construction, you may also consider seeking an injunction under Order 39 Rules 1 & 2 CPC to prevent disposal or transfer.

3. Warrant for Defendant’s Appearance:

   • If the defendant is deliberately avoiding court, you may move an application for issuance of a warrant under Order 21 Rule 41(2) CPC.
   • The court may direct the defendant to disclose assets and appear personally.

4. Auction of Property (if Decree Remains Unpaid):

   • If the defendant does not comply with the decree, an auction petition under Order 21 Rule 64 CPC can be filed to sell the attached property and recover the amount.

The right approach depends on the stage of your case. I can guide you further based on specific details—feel free to send me a private message so we can discuss the best legal strategy for your situation.