Law Relating to Money Suits

Law Relating to Money Suits by Nayan Joshi offers a detailed and systematic exposition of the law governing suits for recovery of money and related execution proceedings. The book provides an in-depth understanding of procedural and substantive aspects of money suits, including decrees, execution, attachment, sale of property, and cross-decrees. It also explains the legal framework for suits relating to mortgages, injunctions, and specific performance, ensuring clarity on every stage of litigation from institution to execution. The inclusion of comprehensive model forms (Forms 1 to 91) enhances its practical utility for legal professionals and students alike.

Key Features:

• Exhaustive treatment of provisions governing execution of money decrees and related proceedings.
• Detailed discussion on attachment, sale, and transfer of property in execution.
• Clear explanation of execution procedures for decrees from reciprocating territories.
• Analytical coverage of discretionary powers of courts in execution matters.
• Practical insights into applications for execution by joint decree-holders and by transfer of decree.
• Step-by-step treatment of proclamation, sale, and payment processes under decrees.
• Inclusion of 91 model forms for drafting applications, notices, proclamations, and other execution documents.
• Updated with latest legal developments, judicial interpretations, and procedural rules relevant to money suits.

This book is designed for practicing advocates, judicial officers, and law students, as well as legal researchers and academicians seeking a clear, practical, and comprehensive guide to the law and procedure relating to money suits and execution of decrees.

• Introduction
• Adjudication of Claims to, or Objections to Attachment of Property
• Application for Execution by Joint Decree Holders
• Application for Execution by Transfer of Decree
• Attachment of Property
• Decree for Execution of Document, or Endorsement of Negotiable Instrument
• Decree for Immovable Property
• Decree for Payment of Money
• Decree for Specific Performance for Restitution of Conjugal Rights or for an Injunction
• Definition of Court which passed a Decree
• Discretionary Power to Permit Judgment-Debtor to Show Cause against Detention in Prison
• Endorsement on Process
• Execution in cases of Cross-Decrees
• Execution of Decrees passed by Courts in Reciprocating Territory
• Mode of Making Proclamation
• Modes of Paying Money under Decree
• Notice to Show Cause against Execution in Certain Cases
• Oral Application
• Payment Out of Court to Decree-Holder
• Power to Order Property Attached to be Sold and Proceeds to be Paid to Person Entitled
  Private Alienation of Property after Attachment to be Void
• Procedure in Execution
• Procedure on Receiving Application for Execution of Decree
• Proceedings on Appearance of Judgment-Debtor in Obedience to Notice or after Arrest
• Process for Execution
• Proclamation of Sales by Public Auction
• Property Liable to Attachment and Sale in Execution of Decree
• Questions to be Determined by Court - Executing Decree
• Sale of Movable Property
• Sale of Immovable Property
• Stay of Execution Pending Suit between Decree-Holder and Judgment-Debtor
• Transfer of Decree
• When Court May Stay Execution
• Suits Relating to Mortgage of Immovable Property
• Model Forms (Forms 1 to 91)