Nitin (Professional) 17 December 2010
I live in Bangalore. On 13th Oct, 2010, I got a ex-parte decree in money suit I had filed in City Civil Court. I understand that I need to file an execution suit to execute the decree. What is the process like? Do i have to file it in the same Court? What is the procedure to file execution suit? What are the expenses involved.
Your reply will be highly appreciated and very helpful.
Nitin
Adv Archana Deshmukh (Practicing Advocate) 17 December 2010
You'll have to file the execution in the same court to get the decree executed and recover the money actually. Expenses are process fee, nominal stamp and lawyers fees(if you file it through a lawyer).
Kumar Doab (FIN) 17 December 2010
You may send a representation or notice or legal notice by your lawyer to the local office/persons, head office/persons of the opposite party under acknowledgment, mentioning that you have received the copy of the Judgment of ........Court and that ....company must have received/persons ed their copy of the judgment .
As per the judgment ...opposite party is liable to pay.... Rs.... and supply you......within ..days(mention everything as per the judgment).
You may ask them to ensure compliance and to send you the proceeds within stipulated time thru registered post/speed post.
If they ensure full compliance to your satisfaction, the order is complied or you may file execution on your own or thru your lawyer.If you file thru your lawyer you may not have to be present.If the compliance is not done by the opposite party your lawyer would know t press for contempt of court.
niranjan (civil practice) 17 December 2010
The format is given in Rule 11(2) of O.21 of CPC.
Ravikant Soni (LAWYER IN JAIPUR) 18 December 2010
Follow the procedure of Order 21 CPC.
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