No. 8 of CPC : No. 8: WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A DECREE FOR MONEY

Explanation using Example

Example 1:

Scenario: Ramesh vs. Suresh

Background: Ramesh lent Rs. 50,000 to Suresh, which Suresh promised to repay within six months. However, Suresh failed to repay the amount even after multiple reminders. Ramesh then filed a suit in the civil court, and the court passed a decree ordering Suresh to pay Rs. 50,000 along with interest and costs.

Execution: Despite the court's decree, Suresh did not pay the amount. Ramesh then applied for the execution of the decree. The court issued a warrant of attachment of Suresh's movable property.

Warrant Details:

• Principal Interest: Rs. 50,000
• Costs: Rs. 5,000
• Cost of Execution: Rs. 2,000
• Further Interest: Rs. 1,000
• Total: Rs. 58,000

Action: The bailiff of the court is commanded to attach Suresh's movable property, such as his car and household electronics, as listed in the schedule. If Suresh pays the total amount of Rs. 58,000, including the cost of attachment, the property will not be seized. Otherwise, the property will be held until further orders from the court.

Outcome: The bailiff executes the warrant and attaches Suresh's car. Suresh, realizing the seriousness, arranges the payment and clears the dues to get his car back.

Example 2:

Scenario: Meena vs. Anil

Background: Meena won a lawsuit against Anil, where the court ordered Anil to pay Rs. 1,00,000 to Meena for damages caused by a breach of contract. Anil failed to comply with the court's decree.

Execution: Meena filed for the execution of the decree. The court issued a warrant of attachment of Anil's movable property.

Warrant Details:

• Principal Interest: Rs. 1,00,000
• Costs: Rs. 10,000
• Cost of Execution: Rs. 3,000
• Further Interest: Rs. 2,000
• Total: Rs. 1,15,000

Action: The bailiff is instructed to attach Anil's movable property, such as his motorcycle and office equipment, as listed in the schedule. Anil is given the option to pay the total amount of Rs. 1,15,000 to avoid the attachment.

Outcome: The bailiff attaches Anil's motorcycle. Anil, unable to bear the loss of his motorcycle, arranges the funds and pays the total amount to the bailiff, who then releases the motorcycle back to Anil.