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salila (student)     14 March 2020

Stay on money suit

SIR ,

A PERSON GOT DECREE ON  BASIS PROMISSORY NOTE[PN].THE DEBTOR COULD NOT GET STAY FORM HIGH COURT AS IT IS AT MOTION STAGE.

IN THAT MONEY SUIT, MONEY LENDER MISUSED BLANK  P N ,BUT DEBTOR COULD NOT SUCCESS EVEN IN SECOND APPEAL.

WHAT IS RECOURES TO DEBTOR STAY /PENDING THE DECREE EXECUTION FOR TIME BEING SO HE MAY GET STAY FORM HIGH COURT .PL SUGGEST 



Learning

 5 Replies

Dr J C Vashista (Advocate)     15 March 2020

You will have to satisfy the execution petition.

What is the opinion and advise of the lawyer engaged / paid by you who is well aware about facts and circumstances of the case, an able, competent and intelligent enough to satisfy your questions ??? Just follow it if you have faith in your lawyer otherwise change him/ her immediately.

However, if you still feel strong for second opinion instead of seeking obligation of experts although it is available FREE OF COST, but it would be based on facts posted by you and presumptions, which may not be relevant/ appropriate in your case it is advisable to consult another local prudent lawyer for proper analyses of facts, professional guidance and necessary proceeding..

P. Venu (Advocate)     15 March 2020

Has the decree holder filed the EP? If so, has he sought the arrest of the JD or attachment of his property?

salila (student)     15 March 2020

YES HE HAS FILED AND SERVED NOTICE UPONDEBTOR . I THINK TO MOVE THE APPLICATION UNDER SEC39CPC ORDER 21 RULE 21 AND 29 .SO SOME TIME MAY BE GIVEN TO GET STAY FORM HIGH COURT-WHERE APPLICATION IS AT MOTION

P. Venu (Advocate)     15 March 2020

The execution petition would take its own time. In the meanwhile, please try to get the stay from the High Court. However, the High Court is unlikely take up the second appeal unless a substantial question of law is involved.

salila (student)     16 March 2020

respectable sir ,you are correct .the key problem is TIME . THE DECREE HOLDER IS PRESSING FOR EARLIER AND HIGH COURT IS NOT HEARING SO EASILY .

PL NARRATE ANY LATERNATE SO JD MAY GET TIME .THE DECREE HOLDER GOT ON THE BASIS OF JD EVIDENCE .NO SINGLE PROFF WAS BROUHT BY EP .MONEY WAS GIVEN BY FIRM AND PN WAS IN INDIVIDUAL CAPACITY , HENCE ORIGINAL CASE BROUGHT WAS VOID AB-INITIO-BUT JD COULD NOT BE HEARD.


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