Maintainability of fresh allegation in decree execution court

PARTHA SARKAR (Querist) 05 November 2011 This query is : Resolved
Kindly advise whether in decree (ex-party RCR decree) execution court fresh alligtion is maintenable if these raises by the judgment debtor? In such situation JD did not appreaed in the main RCR case.

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Guest (Expert) 05 November 2011
yes by sec 47 C.P.C application JD can raise. But executing court could not go beyond the decree. only trail court has powers. There are so many conflicting judgments aspects.

Raj Kumar Makkad (Expert) 05 November 2011
There is no such scope for JD or Decree holder.

Sankaranarayanan (Expert) 05 November 2011
i do agree with experts view of opinion

ajay sethi (Expert) 05 November 2011
executing court cannot go beyond the dcree.

prabhakar singh (Expert) 05 November 2011
yes!executing court can not go beyond the decree is judicially settled principal.

Shonee Kapoor (Expert) 05 November 2011
Agree with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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