Execution Proceeding
Querist :
Anonymous
(Querist) 23 January 2011
This query is : Resolved
Dear Friends,
I am contesting a case under O.21 R.58 being objector to the execution proceedings.
The J.D. had died and now the DH had brought us all on record by moving an application "Application for bringing on records the legal heirs of the J.D."
To this application I filed objection that it is not maintainable but now the Judge had taken undertaking from me that if the application is allowed, I am having no objection and for the same I have filed objection/ reply and dictated all the law, but the Judge is adamant and now the matter is fixed in March 2011.
I am neither a party to the suit or the execution proceedings and also I do not fall into the category of the legal heir, instead the DH's children are the legal heirs of the deceased J.D."
What should I do?
Shall I file Writ petition or to go to appeal against the said orders.
Also the application doesnt bears any provision of law, that why it had been moved which is against the procedure as well as directions of the High Court.
Querist :
Anonymous
(Querist) 23 January 2011
Dear Friends,
I am contesting a case under O.21 R.58 being objector to the execution proceedings.
The J.D. had died and now the DH had brought us all on record by moving an application "Application for bringing on records the legal heirs of the J.D."
To this application I filed objection that it is not maintainable but now the Judge had taken undertaking from me that if the application is allowed, I am having no objection and for the same I have filed objection/ reply and dictated all the law, but the Judge is adamant and now the matter is fixed in March 2011.
I am neither a party to the suit or the execution proceedings and also I do not fall into the category of the legal heir, instead the DH's children are the legal heirs of the deceased J.D."
What should I do?
Shall I file Writ petition or to go to appeal against the said orders.
Also the application doesnt bears any provision of law, that why it had been moved which is against the procedure as well as directions of the High Court.
Amit Minocha
(Expert) 28 January 2011
why did you sign the undertaking ? what directions of HC you got. Application is maintainable otherwise u.o. 22 CPC. The LR are liable only to the extent of assets inherited by them
