Srinivasan R (Engineer) 13 December 2020
A defendant has not paid the damage amount specified in the court order to plaintiff since the plaintiff did not ask for the same after the judgement. The judgement was10 years before. Can the plaintiff recover the amount with interest now? Can the defendant cite the reason that he did not pay because the plaintiff did not ask? What are the options available to defendant to avoid the payment if the plaintiff wants to recover after 10 years?
Isaac Gabriel (Advocate) 13 December 2020
You can file execution petition within 12 years of the court order.
Advocate Bhartesh goyal (advocate) 13 December 2020
Yes, you have to file execution petition for recovery of the decretal amount with interest. Defendant has no option but to make payment.
P. Venu (Advocate) 14 December 2020
Yes, the plaintiff need to file the due process of Execution Petition.
Dr J C Vashista (Advocate) 15 December 2020
Very well analysed, opined and advised by experts, I endorse and appreciate the same.
It would be advisable to consult and engage a local prudent lawyer for better appreciation of facts / documents, professional guidance and necessary proceeding.
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