objection of the execution petition

This query is : Resolved 
 

(Querist)
23 April 2009

hello all learned experts,
i want the performa of the objections of the application of the decree holder to defense the application which is lodged by the decree holder against the judgment debtor i am at the side of judgment debtor
thanks in advance



sanjay singh thakur (Expert)
23 April 2009

Dear Prakash
Remember one thing that in each and every case where you have to file reply to any petition including Execution petition of the Decree Holder you should reply para wise and categorically deny all false allegation.
Moreover just give para wise reply and inform the Court about filing an appeal against the impugned order. Moreover always file an appeal if aggrieved with the impugned order otherwise it will be binding upon the Judgement Debtor.
Regards.

Y V Vishweshwar Rao (Expert)
23 April 2009

If the Petition is Execution Petition !

The counter Contents will in general are ;-

1 The decree is time barred- if it is after 12 years

2- The Mode of Execution is incorrect and it can be denied

3- The arrest can be resisted by pleading that the JDr has no properties , therefore he can not be arrested

4- The amount claimed under the Decree is not correctly calculated and amount is not correct

Other facts/pleadings according to the contents of the EP/ DHR Petition !

with regards !

dhiraj choudhary (Expert)
24 April 2009

if it is related 2 property then u can take a plea that the property is not in its origional shape( dispute d identity of the property),petition is time barred, not verified properly,not drafted according 2 rules and the provisions mentioned in order 21 have not been complied with

RAKHI BUDHIRAJA (Expert)
24 April 2009

Mr. Thakur suggested absolutely right.

sanjeev murthy desai (Expert)
24 April 2009

i agree with the above views

adv. rajeev ( rajoo ) (Expert)
24 April 2009

I agree with the learned advocates.

Y V Vishweshwar Rao (Expert)
28 April 2009

It is my experience- Recovery in EP proceedings in all civil suits is more difficult than to conduct a suit and obtain a decree.



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