Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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karthik (advocate)     31 August 2011

Execution procedure

A suit was decreed directing the defendants to vacate and handover the possession of the suit property to the plaintiff.The suit was decreed in 2001.Now the decree holder filed EP proceedings in the year 2010.Is the EP is barred by limitation?What is the limitation period for executing the above said decree?Is there any judgements favouring the respondents in the EP?Kindly give your views.........



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 7 Replies

BEBO Arora (Associate)     01 September 2011

the limitation period is 12 years...........

Advocate M.Bhadra   01 September 2011

To file an execution case limitation period is 12 years.File a Misc. Case in the same court for execution of decree to recovery of possession.If the the defedant resisted the execution process you get the police help by the Court.

Anil Agrawal (Retired)     01 September 2011

 

Order of Karnataka High Court dated 29/9/2005.

The appeal is allowed. Respondent No.2 shall be named as the Receiver in respect of the firm-respondent No, 1 to account for the assets and liabilities and its income and expenditure from the date of the Retirement Deed till the disposal of the suit and the accounts of the firm shall be audited under the joint supervision of a Chartered Accountant of the respondents and a Chartered Accountant to be named by the appellants. Respondent No 2 in his capacity as the Court Receiver shall be subject to the order and directions of the trial court pending suit.

Retirement Deed dated 22/10/2002.

The Appellants have not taken any steps to get the order implemented. What is responsibility of the Receiver?

SANJAY SHARMA (ADVOCATE IN CHARGE)     01 September 2011

limitation period is 12 years

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 September 2011

Dear karthik

The limitaion period of Decree execution is 12 years, if the decree on merit and if the decree is ex-party, within 90 days you can file an application under Order9 rule 13 CPC 1908 and set-a side the decree.

Shastri J.K. (Practice in The High Court of Chhattisgarh)     01 September 2011

EP is not barred by limitation. the limitation period is 12 year.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     02 September 2011

EXECUTION CAN BE FILED WITH IN PERIOD OF 12 YEARS BUT YOU CAN FILE OBJECTION WITH REGARDS TO EXECUTION DEPENDING UPON THE FACTS AND CIRCUMSTANCES.

REGARDS

RAJIV BHASIN

ADVOCATE

9811210505, 9868635640


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