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sridhar pasumarthy (ADVOCATE)     15 March 2014

Dispensation of order xxi rule 22 cpc notice

Dear Friends,

 

Can anybody provide me case laws of either SC or AP High Court, wherein notice under Order XXI Rule 22 CPC was dispensed with in cases where execution was levied after 2 years of passing decree.

Don't think that I have not made any effort in that regard.  I struggled a lot but in vain.

It's urgent.  Pls help me.



Learning

 3 Replies

Kapil Gupta (Advocate)     15 March 2014

You should just have the appropriate reason for the delay. Youshould have the proof to prove your thing.

shanmugam lakshmanan (senior)     16 March 2014

Dear friend, you may know well that the proviso itself is clear and unambiquous. Order 21 rule 22 does not mandate notice on judgement debtor if execution is proceeded within two years of date of decree. But, in the interest of justice, the court insist upon notice to opposite parties not only to dispose of the petition on merit but also to render another oportunity to satisfy the decree. Though this is the know posistion of law,a t the instigation of your query I once again went to read "SIR JOHN WOODROFFE & AMEER ALI's COMMENTARY ON LAW ON EXECUTION OF DECREES AND ORDERS" THE CHAPTER VII therein my enlighten you much. I must thank you for your post for taking an opportunity to once again read the above classic of civil law. 

shanmugam lakshmanan (senior)     16 March 2014

Dear friend, you may know well that the proviso itself is clear and unambiquous. Order 21 rule 22 does not mandate notice on judgement debtor if execution is proceeded within two years of date of decree. But, in the interest of justice, the court insist upon notice to opposite parties not only to dispose of the petition on merit but also to render another oportunity to satisfy the decree. Though this is the know posistion of law,a t the instigation of your query I once again went to read "SIR JOHN WOODROFFE & AMEER ALI's COMMENTARY ON LAW ON EXECUTION OF DECREES AND ORDERS" THE CHAPTER VII therein my enlighten you much. I must thank you for your post for taking an opportunity to once again read the above classic of civil law. 


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