Order XXI Rule 41 CPC: Examination of Judgment-Debtor About Property and Assets

Order XXI Rule 41 CPC - Statutory Provision

Examination of judgment-debtor as to his property.

Rule 41(1): Oral examination and production of documents

(1) Where a decree is for the payment of money the decree-holder may apply to the Court for an order that-

(a) the judgment-debtor, or

(b) where the judgment-debtor is a corporation, any officer thereof, or

(c) any other person,

be orally examined as to whether any or what debts are owing to the judgment-debtor and whether the judgment-debtor has any and what other property or means of satisfying the decree; and the Court may make an order for the attendance and examination of such judgment-debtor, or officer or other person, and for the production of any books or documents.

Rule 41(2): Affidavit of assets after 30 days

(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days, the Court may, on the application of the decree-holder and without prejudice to its power under sub-rule (1), by order require the judgment-debtor or where the judgment-debtor is a corporation, any officer thereof, to make an affidavit stating the particulars of the assets of the judgment-debtor.

Rule 41(3): Consequences of disobeying an asset-disclosure order

(3) In case of disobedience of any order made under sub-rule (2), the Court making the order, or any Court to which the proceeding is transferred, may direct that the person disobeying the order be detained in the civil prison for a term not exceeding three months unless before the expiry of such term the Court directs his release.

The wording above reproduces the three sub-rules of the central CPC provision. Applicable state amendments, court rules and case-specific orders should also be checked.

What does Order 21 Rule 41 mean?

Rule 41 is an information-gathering mechanism in the execution of a money decree. When the successful party cannot identify assets from which the court's decree can be satisfied, the executing court may require relevant persons to disclose information about the debtor's property and receivables.

Decree-holder

The person in whose favour a decree has been passed or to whom it has been transferred, as defined in Section 2(3) CPC.

Judgment-debtor

A person against whom a decree has been passed or an order capable of execution has been made, under Section 2(10) CPC.

Money decree

A decree requiring payment of money, enforced using procedures available under Section 51 and Order XXI CPC.

Affidavit of assets

A sworn statement identifying the judgment-debtor's property, financial interests and other assets, supplied pursuant to the court's order.

Rule 41 is designed to locate assets; it does not by itself attach, transfer or sell them. Separate provisions govern attachment and sale.

How the examination and asset-disclosure process works

1. Apply to the executing court: The decree-holder identifies the unsatisfied money decree and requests examination under Rule 41(1), or an asset affidavit under Rule 41(2), as appropriate.
2. Seek relevant information: The application can specify known bank accounts, debts owed to the judgment-debtor, movable or immovable property, business interests and documents that may assist execution.
3. Court considers the request: The court may order the judgment-debtor, a corporate officer or another person to attend for oral examination and produce relevant records under sub-rule (1).
4. 30-day threshold for an affidavit: If the money decree remains unsatisfied for thirty days, the court may order the judgment-debtor or a corporate officer to file an affidavit detailing assets under sub-rule (2). This is a discretionary court order, not an automatic affidavit obligation.
5. Respond to the order: The person directed must comply with the terms and deadline fixed by the court; disputed questions and objections are addressed before the executing court.
6. Enforce compliance: Wilful non-compliance with a Rule 41(2) order can result in detention in civil prison for up to three months under Rule 41(3), subject to the court's discretion and lawful procedure.

Distinction between Rules 41(1), 41(2) and 41(3)

Example

A civil court awards a money decree, but the judgment-debtor does not pay. The decree-holder knows little about the debtor's assets. The executing court may direct an oral examination under Rule 41(1). Once the decree has remained unsatisfied for thirty days, it may also order a sworn asset disclosure under Rule 41(2). The information may then assist the decree-holder in seeking attachment through the appropriate execution rules.

Related CPC provisions and official legal sources

• Section 51 CPC: Lists modes of executing a decree, including delivery of property, attachment and sale, and arrest and detention where legally permitted.
• Section 60 CPC: Identifies property liable to attachment and sale and statutory exemptions.
• Section 47 CPC: Questions relating to execution, discharge or satisfaction of the decree are determined by the executing court, subject to its terms.
• Order XXI Rules 43-54 CPC: Provide procedures for attachment of different kinds of property.
• Order XXI Rules 46 and 46A-46I CPC: Address attachment of debts and garnishee proceedings.

Consult the official India Code entry for the Code of Civil Procedure, 1908 and the Legislative Department, Government of India for the statutory text and updates. These external references appear in the article only, not in the website menus.

Frequently asked questions

Can a decree-holder request oral examination before 30 days?

Yes. The thirty-day unsatisfied-decree condition is expressly attached to the affidavit mechanism in Rule 41(2), not the oral-examination power in Rule 41(1).

Can the court examine a third person?

Yes. Rule 41(1)(c) permits the court to order the examination of another person who may have relevant information about the judgment-debtor's debts, property or means.

Is imprisonment automatic if an affidavit is not filed?

No. Rule 41(3) provides a discretionary power of detention for disobedience of an order made under Rule 41(2), for a period not exceeding three months. The court must act through lawful procedure.

Does filing an asset affidavit mean the property is automatically attached?

No. An affidavit discloses information. Attachment or sale requires a separate step under the relevant execution provisions.