execution petitions

Querist : Anonymous (Querist) 06 June 2010 This query is : Resolved
Dear Sirs,

In execution petitions what is the procedure after the JDR files his counter affidavit? Do we have to file a written 'rejoinder' or can we give 'oral reply' or 'oral arguments'.
The EP is posted for 'enquiry'. Thanks.

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Devajyoti Barman (Expert) 06 June 2010
The court sometimes disallows filing such rejoinder as it will then continue for no end. You can agitate your points at the time of argument.

Y V Vishweshwar Rao (Expert) 06 June 2010
The Decree is sought to be executed and no Full Satisfaction is filed by the DHR and what is the Counter Affidaivt of JDR to be taken note of it - whether it is pleaded that the Decree discharged-how ? - Nature of Decree - money decree - Full Satisfaction/ or/ Part Satisfaction to be recorded by the DHR only by Filing a memo . The Sumbission can be made by DHr in reply to the Counter Affidavit of the JDR.

Raj Kumar Makkad (Expert) 06 June 2010
I concur with rao.

Guest (Expert) 12 June 2010
KINDLY NOTE THAT EXECUTION OF JUDGEMENT AND DECREE IS JUST FOR IMPLEMENTATION OF COURT JUDGEMENT AND DECREE. IN CASE APPEAL IS NOT FILED BY RESPONDENTS THEN HIS AFFIDAVIT WILL NOT BE OF ANY HELP FOR HIM.AFTER HEARING ARGUMENTS COURT WILL PASS ORDER EXECUTING THE DECREE AS PRAYED BY DECREE HOLDER
THANKS.

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