Recovery of money decreed in another suit
Question asked on: 26/09/2015
There is two suits filed in different courts. Suit A was filed in District Ratlam and suit B is filed in district Nashik. Suit A is decreed and execution proceeding id pending. Suit B is pending and one defendent of suit B took plea that another suit, on the same cause of action, is decreed by the Ratlam court.
Now I, plaintiff of suit B found myself in deep tragedy to recover my money which is decreed in suit A. Is there any proceeding to recover my money ?
You should know that two suits cannot run concurrently on the same cause of action. Law avoids multiplicity of judgments on the same cause of action. However first suit is decreed and subsequent suit is pending but still you have right to recover your money which is decreed in suit A.
When there are many defendants and some of them have filed suit in another court have right to get order from the court for attachment of decreed amount/money till the decision of rights of other defendants. Actually defendants are interested parties in the suit.
Their right should not be curtailed due to filing of suit in different court or in wrong court. If execution of decree is pending, it is presumed by the law that interest of parties are still open to decide. Executing court has right under Section 47 CPC to decide all the right come forward in its court during execution.
You should file application for direction under Order 21 rule 52 CPC as :
Where the property to be attached is in the custody of any court or public officer, the attachment shall be made by a notice to such court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the court from which the notice is issued:
Provided that, where such property is in the custody of a court, any question of title or priority arising between the decree holder and any other person, not being the judgment debtor, claiming to be interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by such court.
Court shall pass an order in your favour and direct to the court to attach the property or decree amount till the decision of rights of interested parties.
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Shivendra Pratap Singh
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