Execution

saurav (Querist) 21 January 2011 This query is : Resolved
If a decree is passed in 1998. Then execution is filed in 1999 and the same is dismissed in default. Now at this time what could be the remedy?
Q1. Can execution be restored as 12years have passed since dismissal?
Q2. Can sec.5 of limitation will provide any help in this regard?

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adv. rajeev ( rajoo ) (Expert) 21 January 2011
You can file fresh execution petition. There is no bar to file.

saurav (Querist) 21 January 2011
But 12year limitation passed

R.venkatesh Naidu (Expert) 22 January 2011
What type of suit you have been filed?
please clarify.

most of the suits in ep was 12 years limitations.

Advocate. Arunagiri (Expert) 22 January 2011
What is the order of the court to be executed?

abhishek (Expert) 23 January 2011
Hi,

the time of restoration is 30 days, who can file such an application if you sufficient cause. But filing again an execution is barred by section 11 of CPC

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