prem kumar (business) 15 December 2014
Plaintiff filed an ejectment suit under transfer of property act 106 against a partnership firm. Suit was held for 3 years and suit of the plaintiff was decreed by giving three months time. After completing three months time, plaintiff filed an execution suit under Order 21 Rule 11 of CPC. In this execution suit, plaintiff (petitioner) included a person as a respondent who was not in the main suit(ejectment suit). So, please can we take any defense in this execution case?
Advocate Bhartesh goyal (advocate) 15 December 2014
Yes,execution proceedings can not be initiated against aperson who had been not a party to the main suit and no relief was claimed against him in main suit..
prem kumar (business) 15 December 2014
@Advocate Bhartesh goyal,
Sir, Then the execution case is maintainable or not?
If not maintainable, will the execution case be dismissed??
Advocate Bhartesh goyal (advocate) 16 December 2014
Execution petition is not maintainable against the person who was not party to the original suit and no relief had been claimed aginst him in suit.
prem kumar (business) 17 December 2014
Sir,
Can other respondents in the execution case file an IA for dismissing the execution suit by mentioning that the suit is filed against a person who was not a party in the main suit?
please reply
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