Money Suits and Law (Practice and Procedure)

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Description
A Suit for recovery of money is a civil relief and acts as an effective remedy to recover money from the delinquent. Every person, who has a right to sue, can file a money suit. A money suit is a suit available to the person who needs to recover his money legally from a defaulter. It is a summary suit if the defaulter has no valid defence and it does not consume much long in proceeding. It is similar to an ordinary civil suit. The Time Period for Filing a Suit for the Recovery of Money
The time period for filing a money recovery suit in India is three years. This is known as the statute of limitations. The statute of limitations is a law that sets a time limit on how long a person can sue someone for a particular type of claim. The three-year statute of limitations for the recovery of money applies to most types of claims, such as breach of contract, debt, and negligence. However, there are some exceptions to the three-year statute of limitations. For example, the statute of limitations for fraud is six years, and the statute of limitations for personal injury claims is three years from the date of the injury.
Some of the factors that can affect the time period for filing a suit for the recovery of money:
The type of claim: The type of claim can affect the time period for filing money suit under cpc. For example, the statute of limitations for breach of contract is three years, but the statute of limitations for fraud is six years.
The date on which the claim arose: The date on which the claim arose can also affect the time period for filing a money suit under cpc. For example, if the claim arose on January 1, 2023, the statute of limitations would expire on January 1, 2026.
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Contents
Chapter 1. Introduction
Chapter 2. Claims and Objections to Attachment of Property
Chapter 3. Application for Execution by Joint - Decree Holders and Application for Execution by Transfer of Decree
Chapter 4. Attachment of Property
Chapter 5. Decree (for Execution of Document, Immovable Property, Payment of Money, Specific Performance of Restitution of Conjugal Rights)
Chapter 6. Discretionary Power to Permit Judgment - Debtor to Show Cause Against Detention in Prison
Chapter 7. Execution Cases of Cross - Decrees
Chapter 8. Modes of Making Proclamation
Chapter 9. Notice to Show Cause Against Execution Certain Cases
Chapter 10. Oral Application
Chapter 11. Payment out of Court to Decree - Holder
Chapter 12. Power to Order Property Attached to be Sold and Proceeds to be Paid to Person Entitled
Chapter 13. Private Alienation of Property after Attachment to be Void
Chapter 14. Proceedings on Appearance of Judgment - Debtor in Obedience to Notice or After Arrest
Chapter 15. Proclamation of Sales by Public Auction
Chapter 16. Property Liable to Attachment and Sale in Execution of Decree
Chapter 17. Questions to be Determined by the Court Executing Decree
Chapter 18. Sale of Movable Property
Chapter 19. Sale of Immovable Property
Chapter 20. Stay of Execution Pending Suit Between Decree - Holder and Judgment - Debtor
Chapter 21. Suit Relating to Mortgage of Immovable Property
Chapter 22. Model Forms
Chapter 23. Payment in Due Course
Chapter 24. Regulation of Securitisation and Reconstruction of financial Assets of Banks and Financial Institutions
Chapter 25. Recovery of Debts
Chapter 26. Insolvency and Bankruptcy
Chapter 27. Consumer Protection
Chapter 28. Model forms on Civil Procedure code, Negotiable Instrument act, Bankruptcy and Insolvency act and Sarfaesi Act, 2022
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Author Details
Kush Kalra, is a Law Graduate from Rajiv Gandhi National University of Law, Punjab, India. He has written a total of seventeen books on law and is a Limca Book Record Holder for most books Published on Law in a Year. He is also the recipient of National Youth Award by Ministry of Youth Affairs and Sports. he has written many articles which are published in national and international journals of repute. He believes that education can bring big difference to improve our lives. He also believes in Justice Krishna Iyer sayings "Something was dead in all of us, what was dead is hope and positivity".