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madhu mittal (director)     05 December 2011

Non attaching of immovable property by process server u r 54

In a Execution  Petition  of about two lac, order was made by the court under R 54 O 21 CPC on 18.08.2011 for attachment of Immovable Property of Judgement Debtor and attending the court by him on 22.09.2011 and this order was also sent to Process Server/Amin/Nazir for executing the same well in time, but the date of 22.09.2011 and  19.11.2011 has passed off, but nothing was done by him except sending back to executing court by remarking does not have time. Now another same order has been issued to him dated 20.12.2011. We also met with him but whatever he tells are execuses in direct words and whatever he tells indirectly can not be written.  Now let me know what steps to be taken at our level to get order executed by Process Server/Amin/Nazir at the earliest and what other steps so that  Judgement Debtor can not sale/transfer the property. Can against this any application can be filed in High Court or other court to get order executed practically because it is not sufficient to have orders in file only? Whether court also comes in the sphere of Right to Information Act so that it can be asked how many orders were executed by him in recently and in what chronological order. Any other remedy.



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 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 December 2011

Complain before the judge regarding the behaviour of the beleif.


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