A
rajan chopra
(Querist) 18 August 2016
This query is : Resolved
Sir in a petition being filed by me for execution of a money decree the JD was declared ex parte after the objections were being filed by him and is likely to file an application for setting aside the order on the next date after a period of 50 days from the date of order .Is the move of JD is legally sustainable or we can object the same and under which order and rule ?
Devajyoti Barman
(Expert) 18 August 2016
Premature query.
Let her file application and then only I can comment on the merit of it.
JDR can file application u/s 47 o0f cpc challenging the maintainability of execution proceeding.
Rajendra K Goyal
(Expert) 19 August 2016
Agree with the advice from expert Devajyoti Barman.
R.K Nanda
(Expert) 19 August 2016
Nothing to add.