Decree Execution-Without proper Notice
In 2003, Decree granted ex-parte in Favour of the Bank for sale of the property mortgaged. The Bank did nothing for execution till 2013. In 2013 the Judgment Debtor’s LR (Son) approached the Bank with a written offer of the settlement. The Bank did not respond but in 2014 the Bank filed an execution in January. The Bank sent notices at the old address and the notices were returned unserved consequent to which, the Bank got the Notices published in the local Newspaper.
The LR stays in a city other than the City where the proceedings took place and where the execution is now filed and the Bank knew the new address of the LR (since he had approached the Bank with an offer to settle in writing and that letter contains LR’s new address). However the Bank deliberately dispatched the notice at old address. Meanwhile the LR came to know of the execution proceedings
What should be the correct legal recourse by the LR?
Can the execution proceedings be stayed at this stage?
What would have been the remedy if the execution had been completed and property been sold by the Bank?
Pl provide a detailed reply alongwith the relevant provisions of the CPC