Civil Procedure Code (CPC)

Querry about maintainablity of E.P.

This query is : Resolved 
 


Querist : Anonymous (Querist)
25 January 2010

Can any Execution Petition, is filed along with a petition under Section 5 or 14 of Limitation Act by a bonafide pursuer,"in case of after 12 years, from the date of decree" is maintainable or not. If so, can you refer me a Apex Court finding against this.
Thanking you.


Srinath Kondapally (Expert)
25 January 2010

that bonafide party can file any number of E.Ps even without filing limitation petitions either below 2 yrs. or after stwo years also as per law.


Dear Sir,
Please put the matter in details because the changes according to the condition and circumstances.
The matter,I think,of an execution order by the court against you as pursuer and you want to file a case against the decree holder in the proper court.Here the law provides in CPC that he can file a case for right title of his interest.
Please explain the details on my email-akvaidyasen@gmail.com or call me on 09431271130.
Thanking You.


Querist : Anonymous (Querist)
25 January 2010

Sir,
In this I have forgotten to mention "in case of after 12 years, from the date of decree"from my querry.Now it is addred in main querry.Plz.reply.

Raj Kumar MakkadOnline (Expert)
25 January 2010

The execution petition by the decree-holder (who so ever he may be in the civil suit) can be filed within a period of 12 years but if some exceptional circumstances restricted him to move within this period, he can move this petition even after 12 years with an application seeking condonation of delay as per law.

Parveen Kr. Aggarwal (Expert)
26 January 2010


Section 5 of the Limitation Act does not apply to execution petitions. So, an execution petition cannot be filed after expiry of the limitation period.


Querist : Anonymous (Querist)
27 January 2010

Thanks to all.
Respected Raj Kumar Sir, Can you refer me a apex court order against this type of cases. As it is very much essessential for me. So plz.consider. Awaiting for your reply.



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