JUDGMENT

J.R. Midha, J.—In execution proceeding, the Executing Court has to ascertain the assets and income of the judgment-debtor to determine, whether the judgment-debtor has the means to satisfy the money decree. In many developed countries, the law prescribes a comprehensive format of affidavit of assets, income, expenditure and liabilities to be filed by the judgment-debtor at the very threshold of execution proceedings to ascertain the financial means of judgment-debtor. However, Form 16A of Appendix E under Order XXI Rule 41(2) of the Code of Civil Procedure is not exhaustive to ascertain all the assets, income, expenditure and liabilities of the judgment-debtor.

2. Vide judgment dated 05th December, 2019, this Court, after considering the best international practices with respect to mandatory filing of an affidavit of assets, income, expenditure and liabilities by the judgment-debtor, formulated the formats of affidavits to be filed by the judgment-debtor at the very threshold of the execution proceedings. This Court also laid down the guidelines for expeditious hearing