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Understanding Suit for Recovery of Money under Code of Civil Procedure, 1908

Jeevan  Toprani
Jeevan Toprani
  • Apr 21, 2023
  • 9 min to read
Understanding Suit for Recovery of Money under Code of Civil Procedure, 1908 Toprani

Introduction The Code of Civil Procedure, 1908 (CPC) is a procedural law of India that governs how civil suits are instituted and decided in India. It contains provisions regarding how a suit can be instituted, what are the procedures to be followed while deciding a case and how to proceed with execution of a decree. The CPC also contains provisions regarding how to recover money due to a party in a suit. This article will discuss the provisions related to recovery of money under the Code of Civil Procedure, 1908. Definition of suit Section 2(9) of the CPC defines asuit as any civil proceeding which is commenced by the presentation of a plaint or a memorandum of appeal. Under the CPC, a suit is the legal process through which a party seeks to enforce or protect a legal right. The party filing the suit is referred to as the plaintiff, and the party against whom the suit is filed is referred to as the defendant. Recovery of money Under the CPC, a plaintiff may file a suit for the recovery of money due to him from the defendant. The plaintiff is required to prove that the money is due to him and that the defendant has failed to pay the amount despite repeated demands. The plaintiff must also prove that the debtor has the ability to pay the amount. The CPC provides a number of options to the plaintiff for the recovery of money due to him. These include attachment of the debtor's property, garnishment of the debtor's wages, and attachment of the debtor's bank accounts. The plaintiff may also seek an injunction restraining the debtor from disposing of his property. Attachment of the debtor's property The CPC provides for the attachment of the debtor's property for the purpose of recovering money due to the plaintiff. Under section 64 of the CPC, the court may order the attachment of any property of the debtor, including movable and immovable property, which is in possession of the debtor or in the possession of any other person. The attachment of the debtor's property is an effective method of recovering money due to the plaintiff. The debtor will not be allowed to deal with the attached property until the debt is paid. The attachment of the debtor's property also serves as a warning to the debtor that he will be liable to pay the debt or face the consequences of attachment. Garnishment of the debtor's wages The CPC also provides for the garnishment of the debtor's wages for the purpose of recovering money due to the plaintiff. Under section 65 of the CPC, the court may order the garnishment of the wages of the debtor. The garnishment of the wages of the debtor is an effective method of recovering money due to the plaintiff. The debtor will not be allowed to receive his wages until the debt is paid. Attachment of the debtor's bank accounts The CPC also provides for the attachment of the debtor's bank accounts for the purpose of recovering money due to the plaintiff. Under section 66 of the CPC, the court may order the attachment of any bank accounts of the debtor. The attachment of the debtor's bank accounts is an effective method of recovering money due to the plaintiff. The debtor will not be allowed to make any withdrawals from the attached accounts until the debt is paid. Injunction restraining the debtor from disposing of his property The CPC also provides for the grant of an injunction restraining the debtor from disposing of his property. Under section 67 of the CPC, the court may grant an injunction restraining the debtor from disposing of his property. The grant of an injunction restraining the debtor from disposing of his property is an effective method of recovering money due to the plaintiff. Conclusion In conclusion, the Code of Civil Procedure, 1908 contains provisions regarding the recovery of money due to a party in a suit. The CPC provides for the attachment of the debtor's property, garnishment of the debtor's wages, attachment of the debtor's bank accounts and grant of an injunction restraining the debtor from disposing of his property. These provisions are an effective method of recovering money due to the plaintiff in a suit.

Jeevan  Toprani
Jeevan Toprani

Business savvy, management and legal expert with twenty one plus years of legal risk management for businesses and leading complex change initiatives for Fortune 500 companies in diverse industries implementing legal business processes with Cyber and IOT transactions, Big Data and Embedded framework for enforcement. Assisting on all aspects of the commercialization and protection of IP rights; Front end work including patents, trademarks, designs, copyright, commercial contracts, licensing.

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