• Defendant not paying money even after suit for recovery is granted

Dear Sir,

My Dad has lent money to one lady who is working as Nurse in govt hospital in 1999. 

The case went to court, as the lady tried to commit suicide saying that few people(including my Dad) are bothering her to repay money( in court it is proved fake and case is cancelled)

Later we filed as case to repay our money, for which the court has granted suit of recovery in 2003(after 4 years). But that lady is not paying a penny till now. We have filed two petitions till now asking to repay the money, for which lady answered to the court as her salary is all going for loan instalments etc.. 

My question is " Is there any act or rule using which I can demand her explanation for not paying money since 11 years". Can I demand her to provide her bank statement since past 11years by any rule. Any rule or act to demand statement of her investments, property with proofs.. Because this is a straight cheating providing fake information everytime.. please help ? please ??
Asked 3 years ago in Civil Law from Madanapalle, Andhra Pradesh
What was the final outcome of the two petitions filed by you to recover the amount in pursuance of the court deciding the case in your favour in 2003? Did you press for the attachment of her property? Unless the final order of the court is perused it will be practically impossible to decide what would be the scope and ambit of your further legal remedy against her.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Which were the 'other cases'?  Was her salary order to be attached in any other case filed by you? As a defaulter she could have been sent to jail for failing to pay the amount she was held obligated to pay by the court. The transfer of property was seemingly an escape route planned by her to obviate the possibility of attachment. There is nothing such as a 'civil rule'.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
I think you have replied yourself to the question asked by you inasmuch as you have stated that your lawyers were won over by her. It is unfathomable as to how she has not been sent to jail for defaulting to pay the amount she was ordered to pay by the court. This indubitably manifests shoddy legal representation for reasons best known to your lawyer. You should have changed your lawyer a long back if you suspected he was acting in cahoots with the defendant to provide her an escape route. A lawyer who is upright and has a sound legal acumen can turn the table in even the most fragile cases. Without perusing the documents in a thread bare manner no lawyer can acquaint you with loopholes, if any, in your case. 

All I can suggest is that now engage at the earliest a lawyer who you know will not act against his conscience, and show him all the case related documents so that he can chalk out the further legal recourse that would subserve your interest.

He who acts against his conscience loses his soul.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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