No. 13 of CPC : No. 13: WARRANT OF ARREST IN EXECUTION

Explanation using Example

Example 1:

Scenario: Ramesh lent Rs. 50,000 to Suresh, and Suresh agreed to repay the amount within six months. However, Suresh failed to repay the loan even after multiple reminders. Ramesh decided to take legal action and filed a suit in the civil court.

Court Decree: The court adjudged in favor of Ramesh and issued a decree on 15th March 2023, ordering Suresh to pay Rs. 50,000 to Ramesh.

Execution of Warrant of Arrest:

• Date of Decree: 15th March 2023
• Decree Amount: Rs. 50,000
• Execution Cost: Rs. 2,000

Warrant of Arrest: To The Bailiff of the Court,

WHEREAS Suresh was adjudged by a decree of this Court in suit No. 123 of 2023, dated the 15th day of March 2023, to pay to the decree-holder Ramesh the sum of Rs. 50,000 as noted in the margin, and whereas the said sum of Rs. 50,000 has not been paid to the said decree-holder in satisfaction of the said decree, these are to command you to arrest the said judgment-debtor and unless the said judgment-debtor shall pay to you the said sum of Rs. 50,000 together with Rs. 2,000 for the cost of executing this process, to bring the said defendant before the Court with all convenient speed.

You are further commanded to return this warrant on or before the 30th day of April 2023, with an endorsement certifying the day on which and manner in which it has been executed, or the reason why it has not been executed.

Given under my hand and the seal of the Court, this 20th day of March 2023.

Judge

Example 2:

Scenario: Priya won a civil case against her former business partner, Anil, who was ordered by the court to pay her Rs. 1,00,000 as part of the settlement. Anil failed to comply with the court's decree.

Court Decree: The court issued a decree on 10th January 2023, ordering Anil to pay Rs. 1,00,000 to Priya.

Execution of Warrant of Arrest:

• Date of Decree: 10th January 2023
• Decree Amount: Rs. 1,00,000
• Execution Cost: Rs. 3,000

Warrant of Arrest: To The Bailiff of the Court,

WHEREAS Anil was adjudged by a decree of this Court in suit No. 456 of 2022, dated the 10th day of January 2023, to pay to the decree-holder Priya the sum of Rs. 1,00,000 as noted in the margin, and whereas the said sum of Rs. 1,00,000 has not been paid to the said decree-holder in satisfaction of the said decree, these are to command you to arrest the said judgment-debtor and unless the said judgment-debtor shall pay to you the said sum of Rs. 1,00,000 together with Rs. 3,000 for the cost of executing this process, to bring the said defendant before the Court with all convenient speed.

You are further commanded to return this warrant on or before the 28th day of February 2023, with an endorsement certifying the day on which and manner in which it has been executed, or the reason why it has not been executed.

Given under my hand and the seal of the Court, this 15th day of January 2023.

Judge