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Aparna (sssd)     02 May 2012

Urgent- filing execution petition against missing person

Can an execution petition for a decree passed in December 2001 be filed against a missing person for recovery of money arising out of unpaid electricity dues for a company that is no longer in existence? 

If yes, then what are the relevant provisions under which the aforementioned remedy can be obtained? 


 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     02 May 2012

Execution Application under O.21 CPC can be filed within 12 years of passing of decree (except for Execution of Decree of Mandatory Inj. which is 3 years)

Aparna (sssd)     04 May 2012

Thank you for you answer, Sir. However, my question was specifically regarding the filing of an execution petition against a missing person.... I was already aware of the limitation period for the same being 12 years.The problem is that the court would most likely dismiss the petition for default in the absence of a legitimate address proof of the person against whom the decree is to be passed against... 

In this case, the electricity dues amounting to large sums need to be recovered from a number of parties, all of whom are missing or cannot be found at the address given by them at the time of applying for an electricity connection. In other cases, some of the parties are rumoured to be settled abroad, and yet no information on their contact details is available.

What can be done in such cases, to recover the arrears accrued , after the court has passed a judgment in favour of the electricity board? The statute of limitation is about to expire on many of these cases, however, as stated previously, in the absence of the address proof the court would not accept the petition for executing the decree,

Pradeep Kumar (Lawyer)     29 May 2012

Well What we do in such cases, is to let the summon be served at their given addresses.Make them serviced through adult members of the family,allowed as per O-V R-15. There are substituted provisions to server the summons also.I would like to draw your attention towards aforesaid Order Rule-20.]

        May Kindly first file the E.P,those are subsequent things.Please file the Execution Petition first before limitation expires.

Adv.Pradeep Kumar


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