An exparte decree is obtained of money rent recovery suit against me . The case is for execution of the decree.I have the original reciepts of the rent paid over the period of 10 years (period wherei was as a tenant)in my posession.
I have appeared in the execution proceedings and have applied for stay pending miscellaneous case.
My point of concern.
In the execution case itself can I file an IA with reciepts paid to the owner to show and satisfy the Court that I have already paid the rental amount . If so how... Kindly advice. Thanking you in anticipation.
No, the execution court cannot go beyond the decree, any question in excution only can be raised unders section 47 CPC but you cannot stop execting court on anys such matter.
You should apply to decree coourt and submit an application for setting aside the Ex Parte Decree or file an appeal against the decree.
Executing court will do what is brought before it by way of decree, don't waste your time in excuting court, the amoun in decree shall be recovered in anyways.
