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aminur rahaman (lawyer)     22 March 2011

CPC-Execution

Please answar my question :-  "An exparte decree of the original side of High Court is transfered to a district court for execution . Can the judgement debtor challenge the exparte decree in the execution court ?"



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 3 Replies

Adesh Kumar Sharma (Senior Associate Lawyer)     22 March 2011

Dear Mr. Rahaman,

you properly read order 21 of CPC for your query. By the way i think that in the execution the Decree holder must have asked for attachment of the property of Judgment Debtor, therefore you can file your objection before the executing court i.e. District Court, under order under order 21 rule 58 or any other rule as applicable to your case. you can file application for stay the execution proceedings under order 21 rule 26 read with section 151 of CPC. In the mean time you have to approach High Court for setting aside the exparte decree. 

Thanks

Pawan kumar Gupta (Lawyer)     23 March 2011

"Can an exparte decree of the original side of Calcutta High Court be transfered to a district court for execution? 

Jamai Of Law (propra)     23 March 2011

If the Original jurisdiction lied at the HC level due to pecuniary limits,  then subsequent execution of a decree passed by HC, doesn't the pecuniary limits and hierarchy become applicable to Executing court?

 


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