claim petition
G.Nagi Reddy
(Querist) 24 September 2010
This query is : Resolved
a registered mortgage suit is decreed and in that Execution petition was filed and the court order sale proclamation over the schedule property. but a unpossessery unregistered agreement having a person who is third party that agreement date is before the mortgage date now i filed a claim petition under order 21 rule 58 in that Execution petition but my claim petition rejected before admission.
my question is now can i file same claim petition in that execution petition with the same unpossessory agreement with the same parties there is any barred under section 11 of cpc there is any apply in resjudicata over the claim petition under order 21 rule 58 of cpc.
s.subramanian
(Expert) 25 September 2010
Yes. You will be barred by Res judicata from doing so. Sec.11 applies to Execution proceedings also.