Order 21 cpc

This query is : Resolved 

04 September 2013

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

R.K Nanda (Expert)
Click to Talk
04 September 2013

state full facts.

Rajendra K Goyal (Expert)
04 September 2013

Come out with full facts.

raj kumar makkad (Expert)
05 September 2013

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

lalhriatpuia (Querist)
22 September 2013

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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