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Filing of Memo in the Civil Court for payment received post-decree.
24-Jan-2023 (In Civil Law)
I am a lawyer just started my practice. I was approached by a Decree-Holder(original Plaintiff). D.H. compromised the suit under Order 23 Rule 3 of Code of Civil Procedure. Based on the compromise arrived between the Plaintiff & Respondent, the Court passed a Decree based on the compromise. The decree fixed the payment of money via Instalments of Rs. 5,000/- (monthly) to be paid by Debtors to Decree-holder.
Now, court is asking to file Part-satisfaction Memo stating the details of payments received by the Decree-Holder (my client).
Kindly clarify whether there is any format for filing part-satisfaction memo in the Court. Does memo have to be stamped? If yes, then does it depend on the amount received by D.H. on ad-valorem basis?
Is it necessary that a supporting affidavit from D.H. is required to be filled along with the filing of Memo?
Please let me know the answer to my doubts as I am a new lawyer and want to make good impression on my client & court. 20% Decree amount is unpaid.
u have to made one application saying that due to demonization of currency u were not able to pay the amount now u r ready to pay the whole amount or ready to fix in court. So please allow u r application. And after allowing the application u have to pay it. U r case will not harm after this.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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