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Mr. Fahad   13 March 2020

Recovery of money suit

Hi Everybody,

I have filed a civil case against my friend for recovery of money suit in 2014 and the judgement got in my favour in 2017 and against my friend to pay my claim money with 10% interest and 5% till the realisation but my friend did not pay my money till date. My lawyer at that time suggested for Execution Petition but i was not financially good enough to pay the advocate fees... Can i file that Execution Petition now, do i have still limitation period to file E.P after 3 years! Please Advise.

Thank you.  

 



Quick Summary
A user won a civil case for money recovery in 2017, with a judgement in their favour including interest. However, their friend has not paid the awarded sum. The user was previously unable to afford filing an Execution Petition (EP) and is now asking if it's still possible to file one, given the time elapsed. The advice provided is that an EP can indeed be filed, as the limitation period is 12 years, and it can be done through a new lawyer if necessary.

 3 Replies

Dr J C Vashista (Advocate)     13 March 2020

Your lawyer is an able, intelligent and competent enough to satisfy your queries and has advised rightly to file execution petition.

You may file it even now, its limit is 12 years.

Adv Param Hansh Yadav (BBA LL.B ( Practice at Rohini District Court Tis Hazari Courts Karkardooma Courts & Dwarka District Court))     13 March 2020

you can file execution any time in 12 years. you can file execution through another lawyer of your area.

P. Venu (Advocate)     14 March 2020

Yes, the EP could be filed.


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