Summons in case of execution of decree
anshul sangal
(Querist) 15 December 2010
This query is : Resolved
Is it necessary to issue summons or notice to judgement debtor when application for execution of decree is moved by decree holder?
Adv Archana Deshmukh
(Expert) 15 December 2010
Of course, issuance of notice to judgement debtor is a must and mandatory.
Parveen Kr. Aggarwal
(Expert) 15 December 2010
No. Issuance of notice of execution to the Judgment debtor is not mandatory in each and every case.
s.subramanian
(Expert) 16 December 2010
Order 21 Rule 22 CPC makes it mandatory.
Kirti Kar Tripathi
(Expert) 16 December 2010
Agree. it is mandatory to issue summon in execution case.
Parveen Kr. Aggarwal
(Expert) 16 December 2010
A perusal of Order 21, Rule 22 of the Code of Civil Procedure, 1908 would make it abundantly clear that notice of execution to the Judgment debtor is mandatory only in three cases and in none other. The three eventualities provided thereunder are:
(i) Where the execution petition is filed after two years of the date of decree,
(ii) Where the execution petition is against the LRs of a party to the decree or where execution is filed under section 44-A,
(iii) Where execution petition is filed against the assignee or received in insolvency where the party to the decree (JD) has been adjudged to be an insolvent.
Except in the three cases mentioned above, in no other case, a notice of execution petition to the Judgment debtor is mandatory.
Advocate. Arunagiri
(Expert) 16 December 2010
I differ:-
I am reproducing the rule
"Provided that no such notice shall be necessary in consequence of more than 3[two years] having elapsed between the date of the decree and the application for execution if the application is made within 3[two years] from the date of the last order against the party against whom execution is applied for, made on any previous application for execution,"
Parveen Kr. Aggarwal
(Expert) 18 December 2010
Mr. Arunagiri,
You have just reproduced the proviso. Please reproduce the main provision also.
