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Mrs.n (CS, LL.B)     04 March 2013

Summary suit

Hi

one order of summary suit is in our favour and now we are applying for  execution of decree .(we have claimed  particular sum of amt and order is in our favor))

kindly suggest me the procedure  from execution of decree till receipt of payment by us .i mean i want to know how we can have that money claimed. what are the steps.??

 

Regards 



Learning

 5 Replies

Adv k . mahesh (advocate)     04 March 2013

what is the date of order because usually court will give a time frame to the defandant to pay the amount and submit the acceptance receipt to court then the case will be closed 

Mrs.n (CS, LL.B)     04 March 2013

Hi

order falls somewhere in 3rd week of march .please suggest steps for execution of decree .how the person in whose favour the order is made can get back the claim money.

Please reply

Md Zaryab J Rizvi (Principal Partner)     04 March 2013

You will have to file a Execution petition before the same court which had passed the order/judgment. the execution petiton will be filed u/o XXI of Civil Procedure COde. Also find out details of properties of the Judgment Debtor as the same will be attached towards realisation of the amount. 

 

I will suggest that you should engage a counsel in your area for better results.

 

Regards,

 

Zaryab (Advocate)

9999784700

1 Like

Rajendra Shrivastava (advocate)     04 March 2013

according to Order 21 Rule 30 of  Civil Procedure Code 1908,an execution application should be filed before same court along with the certified copy of judgement and decree thereafter court will issue a notice to defendent judgment debtor to so cause on your execution application but if execution application is filed within 2 years of decree then no so cause summons to judgement debtor is neccesary thereafter court will proceed to execute the decree by attaching the property of judgment debtor also by send him in civil jail.If judgement debtor satisfy the decree,court will exonerate him from execution.

1 Like

kani (Lawyer)     16 April 2013

Am sorryy for posing a question instead of answering... but plz do answer this too...!

What should i do if that order is against me and eexecution  proceedings have been initated against me??

Can i now file a motion to set aside the decree? How do i do that??? Please do reply!


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