21 rule 32 cpc
Neeraj Kaushal
(Querist) 12 February 2025
This query is : Resolved
I have filed an application under Order21 Rule 32 of the CPC, and the matter is fixed for final arguments. The decree was for a mandatory injunction to construct a retaining wall around the land of the decree holders. All judgment debtors are ex-parte. Now, Judgment Debtor No. 6 has passed away. If I file an application under Section 50 of the CPC to bring the legal heirs on record, they may start contesting the execution.
I need your advice on whether a provision similar to Order XXII Rule 4(4) of the CPC can apply in execution proceedings. Alternatively, should I simply delete the expired Judgment Debtor No. 6 from the array of judgment debtors? Kindly guide me on the appropriate course of action in this matter.
Neeraj Kaushal
(Querist) 13 February 2025
I waiting for reply of experts
Neeraj Kaushal
(Querist) 13 February 2025
I have filed an application under Order21 Rule 32 of the CPC, and the matter is fixed for final arguments. The decree was for a mandatory injunction to construct a retaining wall around the land of the decree holders. All judgment debtors are ex-parte. Now, Judgment Debtor No. 6 has passed away. If I file an application under Section 50 of the CPC to bring the legal heirs on record, they may start contesting the execution. I need your advice on whether a provision similar to Order XXII Rule 4(4) of the CPC can apply in execution proceedings. Alternatively, should I simply delete the expired Judgment Debtor No. 6 from the array of judgment debtors? Kindly guide me on the appropriate course of action in this matter.
Read more at: https://www.lawyersclubindia.com/experts/21-rule-32-cpc-764931.asp
T. Kalaiselvan, Advocate
(Expert) 14 February 2025
You can file a petition under section 50(1) CPC for impleading the LRs of the deceased judgement debtor.
P. Venu
(Expert) 18 February 2025
Admittedly, why it is an decree of mandatory injunction? Why the necessity of filing execution proceedings?
