Execution u/s 27 of consumer protection act

Legal Fighter (Querist) 23 July 2010 This query is : Resolved
Can execution u/s 27 of CPA be filed for the second time if it was not decided on merits for the first time?

Details of the case are :
I filed execution petition before consumer forum without mentioning any section and prayed for execution of order alongwith penalty. While deciding, the forum just passed order u/s 25.

Now I want to file seperate execution application u/s 27 of the CPA. Will this be maintainable?

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Devajyoti Barman (Expert) 23 July 2010
The rule of res judicata does not apply in the different stages of the same proceeding if the previous one was not disposed of on merit or subsequently change of circumstances warrants filing of same petition again.

Legal Fighter (Querist) 23 July 2010
any case law in this regard?

Chanchal Nag Chowdhury (Expert) 24 July 2010
Res Judicata does not apply to execution proceedings. The principle is that an execution proceeding shall continue till the order is satisfied.

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