civil procedure code
r.arun
(Querist) 04 February 2011
This query is : Resolved
Suit decreed, no attachment in the suit, decree holder intend to file execution petition along with petition for attachment. Before filing Execution, the judgment debtor filed caveat in Execution - is it maintainable - Whether Sec.148A cpc is applicable in execution proceedings, if yes is there any decisions of high courts(especially Kerala) or supreme courts. Pls give advice
M V Gupta
(Expert) 09 February 2011
Caveat in execution proceedings is not maintainable. Notwithstnding the caveat u can always file the EA.