Execution proceedings
G.Padmanabhan
(Querist) 15 April 2012
This query is : Resolved
In a money recovery suit, there are 5 JDs. One execution proceedings (say A) initiated against three of them for attachment of salary was ordered. Second execution petition (say B)against two other JDs for attachment of immovable properties was closed. a fresh execution petition has again been filed against 2jds for attachment of salary. One of the JDs in the present petition was also covered in the first mentioned EP (i.e. 'A'), and the other JD was covered in the EP (B). Now is this present EP maintainable? If not, would our experts explain?
Shonee Kapoor
(Expert) 15 April 2012
No the second petition against the JD whose salary is attached is not maintainable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 15 April 2012
No two separate execution proceeding against the same person is possible out of the same judgement and decree.
prabhakar singh
(Expert) 15 April 2012
What do you want to say"are there going three execution petition"just from one decree or the earlier two EPs are not pressed and latest one is pending?????
G.Padmanabhan
(Querist) 16 April 2012
The Ep (A) was allowed and attachment was ordered. EP (B) was closed. Now the DH has filed a fresh petition.