Tuesday, 15 September 2015

ARREST OF JUDGMENT DEBTOR FOR SATISFACTION OF DECREE




SPECIMEN ORDERS AND LETTERS FOR ASSISTANCE THAT COURT MAY TRANSFER THE DECREE WHERE THE JUDGMENT DEBTOR RESIDES FOR THE SATISFACTION OF THE DECREE.



(date)
12.00.0000
Present:       Learned counsel for the decree holder
                   Decree holder in person.
          The decree holder has requested for transfer of decree that the judgment debtor resides (name of the city where the judgment debtor is residing). She prays that instant decree may be transferred to (name of the city where the judgment debtor is residing).
                    In view of the above request of the decree holder that the property of judgment debtor is situated in (name of the city where the judgment debtor is residing) and as such execution of the decree by way of arrest is not possible. Furthermore, it appears that no movable or immovable property belonging to the judgment debtor situates within the territorial jurisdiction of this court. Thus for the effective execution of the decree, it is deemed proper that the same be transferred to the court having territorial jurisdiction. Hence, U/O 21 Rule 5 & 6 CPC the decree is transferred to the learned Senior Civil Judge, (name of the city where the judgment debtor is residing) for its onward entrustment to any competent court. The required certificates are annexed with the decree. Execution petition is hereby sent to the court of learned Senior Civil Judge, (name of the city where the judgment debtor is residing) through the learned Senior Civil Judge, (name of the city where the suit is pending) for its execution. The Ahlmad of this court is hereby directed to transmit the file to the court of learned Senior Civil Judge, (name of the city where the suit is pending) after making necessary entry in the relevant record.
Announced:
00.00.0000                                            
(NAME OF THE JUDGE)
      Judge Family Court,
(name of the city where the  suit is pending).

From

(NAME OF THE JUDGE) ,
Judge Family Court,
(name of the city where the suit is pending).


To

The Learned Senior Civil Judge,
(name of the city where the judgment debtor is residing).

Through:     The  Learned Senior Civil Judge,
                   (name of the city where the suit is pending).

No._________/Ahlmad     Dated:                      /0000

Subject:      TRANSFER OF EXECUTION PETITION TITLED “ (NAMES OF THE PARTIES)
Dear Sir,
                   I have the honour to submit that the decree holder has requested for the transfer of decree subject cited above to the court of learned Senior Civil Judge, (name of the city where the judgment debtor is residing) for its execution as the judgment debtor resides there.  It is, therefore, humbly requested that the decree may kindly be entrusted to the court of competent jurisdiction.  The decree along with certificate of non-satisfaction is attached herewith.

                   Submitted please.

    Yours faithfully,



(Name of the Judge)
Judge Family Court,
(name of the city where the suit is pending).


IN THE COURT OF (NAME OF THE JUDGE)  FAMILY COURT, (NAME OF THE CITY WHERE THE SUIT IS PENDING).

 Title of the suit
                                      Execution   Petition

CERTIFICATE OF NON-SATISFACTION OF 
               EXECUTION  PETITION

It is certified that the decree in the above titled execution petition has not been satisfied so far.

Judge Family Court,
 (name of the city where the suit is pending).


















IN THE COURT OF (NAME OF THE JUDGE)  FAMILY COURT, (NAME OF THE CITY WHERE THE SUIT IS PENDING).

 Title of the suit
                                      Execution   Petition


           CERTIFICATE UNDER ORDER XXI RULE 6 OF CPC

Whereas, above captioned execution petition was filed in this court for execution of decree dated 00.00.0000 for satisfaction of the decree.
Whereas, the satisfaction of this decree has not been obtained by execution within the jurisdiction of this court.
Now, therefore, this certificate is issued in terms of Order-XXI, Rule-6 of CPC and decree is transferred to the court of learned Senior Civil Judge, (name of the city where the judgment debtor is residing).
Given under my hand and seal of this court on this 00th day of Month , Year.

   Judge Family Court,
(Name of the city where the suit is pending).

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