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Order 21 cpc (Civil Law)

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This query is : Resolved


Author : lalhriatpuia

Posted On 04 September 2013 at 07:18

is it proper to proceed sale of the JD's landed property for recovery of decreetal amount even if the document of the said landed property(pass) is in the custody of the JD. if it is not, how to proced the sale
?





Expert : R.K Nanda

Posted On 04 September 2013 at 17:00

state full facts.



Expert : Rajendra K Goyal

Posted On 04 September 2013 at 18:05

Come out with full facts.



Expert : raj kumar makkad

Posted On 05 September 2013 at 23:38

Unless you post the facts related to the query, none can advise you.



Author : lalhriatpuia

Posted On 22 September 2013 at 17:58

the trial court passed J&O against the defendant and also decreed that the defendant is liable to pay 15 lakhs to the plaintiff. an execution case was filed for recovery of the same and the D/H prayed that for recovery of the decreetal amount,the J/D landed property be auctioned but the said pass of the landed property is in the custody of the J/D and he is not willing to deposit the same to the court for auction sale.

so is the situation, is it proper to proceed sale without the pass of the said landed property. if it not proper, under what provision the sale proceed or recovery of the decreetal amount be made...


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