Swamy Raj 22 October 2020

Expartee decree validity for ep

Hi Raj here,. 1997 they got decree, in 2008 THEY FILED EP ON US FOR TRESSPASS, WE HAVE ALL DOCS, LIKE REGISTRATION PAHANI ON FATHER NAME, SAME YEAR WE WENT TO HIGH COURT EXPARTE DECREE SET ASIDE BY COURT BECAUSE MY MOTHER FILED SYIT FOR DECLARATION AS SHE IS REGISTERED HOLDER GIFTED BY DAD WHO IS IN PAHANI FOR YEARS TILL CASE REGISTERD. NOW 2020 THEY FILING OTHER EP FOR SAME DECREE, MY DOUBT IS DECREE IS VALID NOW CAN THEY FILE EP NOW WHILE RUNNING OTHER SUIT PENDING.

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Quick Summary

This discussion addresses the validity of an ex parte decree and the possibility of filing an Execution Petition (EP) years later. The original decree was obtained in 1997, followed by an EP in 2008 which was later set aside by the High Court. A new EP is now being filed in 2020 for the same decree. The core question is whether an EP can still be filed, especially after a significant delay and with ongoing related suits.

4 Replies

sribhusan sukla (Free Legal Consultations) 22 October 2020

EP can not be filed after 25 years. Ex parte decree is as good as contested decree. Executing Court can not go behind the decree. If you have a good case u/s 47 CPC, you can file a petition accordingly. Consult a local lawyer with your decree copy.

Swamy Raj 23 October 2020

Thank you.

P. Venu (Advocate) 23 October 2020

Facts posted lack clarity. They are confused and disjointed. Please post simple facts.

Dr J C Vashista (Advocate) 25 October 2020

What is the opinion and advise of the lawyer engaged / paid by you, who is an intelligent, competent and able enough to satisfy your questions, well aware about the facts and circumstances of the cases decided / appealed / pending by / before the Courts.

No opinion can be formed and obliged on disjointed facts.

However, if you have lost faith in your lawyer it would be better to consult and engage another local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.