illegal execution proceedings
ckanta
(Querist) 27 August 2014
This query is : Resolved
Sir,
could you help me out with the appropriate legal remedy to be adopted in the below discussed case whether it is writ to high court or any other legal remedy.
As per rule 153 of delhi cooperative societies rules 2007 decreeholder can make any number of applications but recovery officer shall not entertain the same if its barred by article 136 of limitation act 1963 i.e. 12 years .however one society(decree holder) has made an application to recovery officer after 12 years of award and officer has issued warrant for arrest and attachment without following the rules.
Though judgement debtor(I) in the mean while some years ago has paid some amount in earlier execution filed by the same decreeholder.
whether that payment extended the period of limitaion???
what shall be the proper course of action to deal with this situation.
Sir I have tried to find lawyer at district courts for this issue however nobody told me any solution and moreover said we donot deal in society cases.
Please guide in detail as we are poor man and donot have money to satisfy execution.
Please help me with some good lawyer contact number as well.
Thnanks in advance
anand
(Expert) 27 August 2014
Hi
once you make the part payment it will be acknowledgement of the entire debt and Period of Limitation has commenced and thus the Court was right in granting for the execution for arrest and attachment and will not hit by article 136 of Limitation.
please tell me in which court your matter is pending I may be able to provide reference if possible for me.
otherwise you may contact Mr. Aman HC advocate, i fear he will not come to Lower Court, he may be contacted on his mail:- amanlegal@gmail.com
Dr J C Vashista
(Expert) 27 August 2014
I agree with the expert advise of Mr. Anand.
Since you have admitted the debt/decretal amount by making part payment, 12 years time will start afresh from the date of acknowldegement/part payment of the award.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
If there was a payment earlier within the twelve years period, the limitation starts afresh from that date, therefore there is no irregularity on it. This is just another EP case, so don't get confused or confuse the lawyers you approach without giving proper details to him. You will find a lawyer if you search for one sincerely.
