Time limit to file execution petition under cpc
Priyesh
(Querist) 16 July 2018
This query is : Resolved
Respected Lawyers,
I want to know the time limit to file execution petition under Civil Procedure Code. The Loan was N.P.A. in 2007 and Bank file a suit in Board of Nominees. The Bank won the case in the same year and Board of Nominees passed order in favor of Bank. Bank will file a execution petition in 2013 in civil court under CPC. Is there any time limit for filing execution petition or not?
R.K Nanda
(Expert) 16 July 2018
12 years from date of judgement/decree.
Dr J C Vashista
(Expert) 17 July 2018
Did you discuss the point of limitation with your lawyer, prima facie it is an academic question paper.
However, it is 12 years from the date of decree/judgment.
Kumar Doab
(Expert) 17 July 2018
GO thru;
Article 136 of Limitation Act, 1963
136. For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. Twelve years
https://www.vakilno1.com/bareacts/limitationact/limitationact.html
And attempt to get the publications made available to Banks e.g;
Handbook on recovery of debts due to banks and financial institutions
Step-18 Execution of Money Decree – Pending Appeal ( page 99):
The Bank’s remedy to execute the decree through a Competent Court will become time-barred after expiry of a period of 12 years from the date of decree or from the date when the decree became executable.
https://ucoonline.co.in/HANDBOOK_ON_RECOVERY_OF_DEBTS.pdf
This should give you all the knowledge that you are seeking and use IT
Kumar Doab
(Expert) 17 July 2018
Same Query;
http://www.lawyersclubindia.com/experts/Bank-deny-to-returns-back-the-original-title-documents--685791.asp
GO thru the simple to understand and descriptive link made available to you. You shall get your answers that are in concurrence with posts from Mr. Kishore Mehta, Mr.P.Venu, Mr. Bhartesh Goyal.
The information shared shall help you for your property consultant business also.
Kumar Doab
(Expert) 17 July 2018
Pool the information shared from all threads and use IT.
https://ucoonline.co.in/HANDBOOK_ON_RECOVERY_OF_DEBTS.pdf
http://www.lawyersclubindia.com/experts/Section-138-validity-in-case-of-blank-cheque-given-to-the-bank-at-the-time-of-loan-disbursement--552561.asp
http://www.lawyersclubindia.com/experts/Information-regarding-banking-602651.asp
http://www.lawyersclubindia.com/experts/Banking-602806.asp
http://www.lawyersclubindia.com/experts/Information-regarding-section-138-of-negotiable-inst-act--652081.asp
http://www.lawyersclubindia.com/experts/Information-regarding-relinquishment-deed-or-release-deed-675406.asp
Property consultant..
. http://www.lawyersclubindia.com/experts/Loan-related--684226.asp
Priyesh
(Querist) 18 July 2018
Thank You all the experts
A. A. JOSE
(Expert) 18 August 2018
Rightly advised as 12 years from the date of the decree .
