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Narendra Sharma (Consultant)     21 October 2015

To set aside a recovery cert. against dead surety

How to set aside a Recovery Certificate issued ex-parte by DRT against a dead surety (dead before trial), now being under execution against unaware legal heirs of the daed surety. Kindly cite relavant provisions.



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Narendra Sharma (Consultant)     03 November 2015

On research, I have found that as per several SC judgments (under Order 22 CPC), the passing of a decree against a dead person is a nullity, hence the decree or the Recovery Cert. shall be set aside by the Appellate Authority on appeal.


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