Raja Shekar Reddy S. (Advocate) 13 March 2010
this is about EP proceedings. EP filed for recovery of possesion n possesion was delivered n at the stage of closing EP a claim petition filed by third party and that is pending now. at that stage Dhr expired, Lr's of the DHr has to come on record n above 150 days delay is there in filing Lr's petition. what is the provision for LR's petition and whether Sec.5 of limitation act is applicable r not the delay?
adv. rajeev ( rajoo ) (practicing advocate) 13 March 2010
appliction u/s 5 of the limitation act is necessary to condone the delay in brining the LRs on record
Raja Shekar Reddy S. (Advocate) 16 March 2010
thanq, whether any citations are there regarding this
N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 17 March 2010
Please refer Order 23 Rule 12 of C.P.C, which says that rule 3,4and 8 will not applicable to execution proceedings.
Refer section 5 of limitation act which says that "other that an application under any of the provisions of Order XXI of CPC", which means that section 5 is not applicable to an application under any of the provisions of Order 21.
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