Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Achhru Kumar Singla (Partner)     12 May 2013

Decree execution

Dear Sir

my father  won the case in 2004 and decree alloted by honorable court. Then he filled the case for execution but due topoor health of my father he did not attend the court and expired in oct 2010 thereafter court dimissed the case in default (DID).

One year later i filled a new case as Legal Heir (as per advocate advice) for execution and court ordered for the auction of the property in question.

But the other party raised the objecton that

1. Old execution should be stored in one month time from the date of DID. Hence new case of execution is not valid

Kindly advice about the procedure and legal reference

 

 



Learning

 4 Replies

MohammedRaffiq Bijapur (Advocate)     12 May 2013

there is substance in J Dr's objection. Refer Sec 50 of CPC

Manpreet Singh Sood (Managing Partner)     14 May 2013

 

The Limitation Act provides 12 yrs limitation period for execution of fruits of decree.

 Even earlier application is dismissed what for reason.

Objection petition against such decree is not maintainable.

12 years period has not elapsed in ur case.

U will get the rewards of decree. 

Rgds from Manpreet Singh Sood Adv Jalandhar

sree 9491505984 (Lawyer, Hyderabad)     15 May 2013

My friend,

Don't worry about objections.. Other party has right to object in court proceedures.. But court will see the fact..In u r case it true to say that you have right to move court for execution.. Be confident..  Best of luck.

Manpreet Singh Sood (Managing Partner)     19 May 2013

Dear Client u have very good case and your execution case will suceed.

As required by u my conatct details manpreet1961@gmail.com, Mob 9417245693.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register