Querist :
Anonymous
(Querist) 05 December 2010
This query is : Resolved
Dear sir, previous answer isn't reach to my query. Sir, warrant of attachment had issued by executing court. When bailif went for the attchment he found the said property was already attached by smeone and sold out also. Nw the issue is that the parties were shifted to nepal. I requested to executing court to issue summons to JD's undr O5, R25 as executing court has the same power as if it has passed by itself u/s 42 of CPC bt the executing court pointed out that u came to me only on the basis of jurisdictin as the JD,s property is here. But now the property has been sold by other one. Now u give me suggestion that what can i do in my case and pls kindly give me some appropriate citation.
Kirti Kar Tripathi
(Expert) 05 December 2010
yes, it will become defamatory and will give civil and criminal consequences.
Kirti Kar Tripathi
(Expert) 05 December 2010
sorry, it was intended to answer earlier query.
adv. rajeev ( rajoo )
(Expert) 05 December 2010
The same court has got jurisdiction to issue summons because it is executing court. It is duty is not to attach only the properties.
Kirti Kar Tripathi
(Expert) 06 December 2010
Agree with Rajeev, There are so many other modes to execute decree.
ashish lal
(Expert) 06 December 2010
Agree with Mr. Rajeev
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