Stay of execution proceedings
Nishant Singh
(Querist) 13 January 2012
This query is : Resolved
sir, a collaboration agreement was entered between A(Owner of land) & B(Builder) and was agreed that both the parties will share equal amount out of sale or rent. after completion the property was vacant, and A filed a suit for recovery of possession, rent, damages wherein B was proceeded exparte. suit was decreed exparte in favour of A and eviction orders were passed against B. now bailiff has been appointed in the present execution. B did not appeared in execution also. however the property is in possession of C. and he has nothing to do with these cases. C filed its objections but they were dismissed, C went into appeal, which was also dismissed. C went to Highcourt for stay of exccution but that was also dismissed. in the mean time C filed a suit for declaration & PI against A which is at the stage of evidence. now my questions are:
1. what remedy is available to C for staying the execution proceedings as he was a bonafide purchaser.
2. what course of action shall be adopted by B to get the execution proceedings set aside.
Advocate Rajkumarlaxman
(Expert) 13 January 2012
Setting aside exparte order under order 9 rule 13 of C.P.C. move a application or notice of motion.
Advocate Rajkumarlaxman
(Expert) 13 January 2012
in the same suit or appeal against the order passed in the suit which has placed exparte by the defendant but. was C party to the proceedings and if yes C also can move or move an application for impleading him as party and set aside the decree under IX Rul3 13 c.p.c.
Nadeem Qureshi
(Expert) 13 January 2012
Dear Nishant Singh
Order 9 Rule 13 Cpc applicable only within 90 days of knowledge of ex-party Decree or Order,
According to Order XXI rule 26, this rule says, when Court may stay execution. if C shown sufficient cause before the court then court passed an order to stay the executionpetion for a resonable time.
B, have lost his rightd to file an application for set-aside the decree.
Deepak Nair
(Expert) 13 January 2012
Mr. Nadeem has advised you well.
Raj Kumar Makkad
(Expert) 13 January 2012
Much has already been opined so nothing seem to be added.
M/s. Y-not legal services
(Expert) 14 January 2012
i got confusion by our members' answer.. i have to clear my self., then i will back..
-tom-
Advocate. Arunagiri
(Expert) 14 January 2012
If C is in possession of the property, how the court ordered the eviction without hearing C.
If it is a real case, I can give my further opinion.
Nishant Singh
(Querist) 16 January 2012
sir this is a real case, and according to me C's limitation period for filing Order I R 10 has already expired. because C filed its objections in execution proceedings a long time ago. but due to advocates mistake C did not become party in the original suit.
