Delhi Chemical And ... vs Himgiri Realtors Pvt. Ltd. & Anr on 27 April, 2021
9. The affidavits have been directed to be filed, in exercise of powers
under Order XXI Rule 41 of Civil Procedure Code, 1908. One of us (Rajiv
Sahai Endlaw, J.), sitting singly, in M.L. Gupta Vs. Aerens Gold Souk
International Ltd. 2018 SCC OnLine DEL 7621, referring to a large
number of earlier judgments has held that it is incumbent on a Decree
Holder to, in an application for execution, set out the mode in which
assistance of the Court in executing a decree for payment of money is
required or to plead that the Decree Holder has no means to know the assets
of the Judgment Debtors and that in every case, mechanically, the Judgment
Debtor cannot be directed to make the disclosure permitted in Order XXI
EFA(OS) (COMM) 4/2021 Page 2 of 4
Rule 41 of the CPC. It was observed, that though the language of order XXI
Rule 41 CPC is wide enough but cannot be interpreted as widely as to hold
that in every case, the Decree Holder, instead of doing its spade work i.e,
setting out the mode in which assistance of the Court is required, simply ask
for notice to be issued to the Judgment Debtor to disclose his assets.