execution

Adv. Pyare Lall (Querist) 08 February 2011 This query is : Resolved
plaintiff filed suit for declaration he is owner in possession of suit property. his suit was dismissed by lower court on merits. can the defedndant file an execution application on the basis of decree of dismisal passed against plaintiff. the defendant had not filed any counter claim.

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niranjan (Expert) 08 February 2011
No, deft.cannot file execution petition.

Kirti Kar Tripathi (Expert) 08 February 2011
yes, defendant can not file execution.

Sanjeevappa. L (Expert) 08 February 2011
no defendant can't file execution petition. Dismissal of plaintiff's suit does not give any right to defendant.

G. ARAVINTHAN (Expert) 08 February 2011
Negation of declaratory decree cannot be an executable decree

N.K.Assumi (Expert) 09 February 2011
I like the expression of Aravinathan.

Parveen Kr. Aggarwal (Expert) 09 February 2011
Without there being any counter-claim allowed, the defendant cannot file execution petition where the suit for declaration has been dismissed by the court.

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