SRIBHASKAR (LIFE & HEALTH INSURANCE ADVISOR) 05 June 2014

Injustice before justice

DEAR MEMBERS

In EP Process How the judge issue salary attachment when EP in Pending???

It is really shame full on our constitution for overriding the fundamental right of a citizen by not giving a chance before justice/judge

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 09 June 2014

Without seeing the order copy, it will be very hard to give a proper opinion to your query, hence furnish details if you really want to clarify.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 12 June 2014

Execution proceedings are nothing but a consequential proceeding to a decree passed in a suit. The execution proceedings are being initiated by the decree holder only for the purpose of enjoying the fruit of decree by executing the same.

Since the decree was passed in the suit after providing reasonable opportunities to all the parties concerned, as per law, there is no need to give notice in the execution proceedings if it has been filed for attachment within one year from the date of decree.

T. Kalaiselvan, Advocate (Advocate) 13 June 2014

Even in execution proceedings, notice has to be given to the parties without which no attachment can be made.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 13 June 2014

In furtherance to my earlier answer to this query and to the subsequent response thereon, I would like to quote the Order 21 Rule 22 Civil Procedure Code, which runs as follows:-

22. Notice to show cause against execution in certain cases.- (1) Where an application for execution is made—

(a) more than two years after the date of the decree, or

(b) against the legal representative of a party to the decree or where an application is made for execution of a decree filed under the provisions of section 44A, or

the court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him:

Provided that no such notice shall be necessary in consequence of more than two years having elapsed between the date of the decree and the application for execution if the application is made within two years from the date of the last Order against the party against whom execution is applied for, made on any previous application for execution, or in consequence of the application being made against the legal representative of the judgment debtor, if upon a previous application for execution against the same person the court has ordered execution to issue against him.

(2) Nothing in the foregoing sub-rule shall be deemed to preclude the court from issuing any process in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be recorded, it considers that the issue of such notice would cause unreasonable delay or would defeat the end of justice.