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Recovery of money decreed in another suit

Shivendra Pratap Singh

Advocate

26/09/2015

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There are 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 defendant of suit B took a plea that another suit, on the same cause of action, is decreed by the Ratlam court.

Now I, the 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 the first suit is decreed and the subsequent suit is pending but still, you have the 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 the right to get an order from the court for attachment of decreed amount/money till the decision of rights of other defendants. Defendants are interested parties in the suit.

Their right should not be curtailed due to filing of the suit in a different court or wrong court. If the execution of a decree is pending, it is presumed by the law that interest of parties is still open to decide. The executing court has right under Section 47 CPC to decide all the right come forward in its court during execution.

You should apply a 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.

The court shall pass an order in your favour and direct to the court to attach the property or decree amount until the decision of rights of interested parties.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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