Execution against signing authority if valid legally
Divya
(Querist) 21 March 2016
This query is : Resolved
Respected experts,
I had entered into a contract with "R" who claimed he was a ceo or signing authorit for a partnership firm. This was 5 yrs back. Firm didn't adhere to contract, hence civil suit was filed and an exparte decree was awarded to me. This signing authority was also made a judgment debtor by me.
But when I recently removed legal documents of firm registration from ROF, I came to know that "R" was neither a ceo nor a signing authority nor any power of attorney holder for firm. Moreso he started his new company..
In such a scenario, is it legally right to file an execution proceeding against him.
Devajyoti Barman
(Expert) 21 March 2016
If the Firm was also made a party and it did not raise the legality or maintainability of the suit due to no authority or exceeding authority of R then after passing of decree they can not agitate this issue for the first time.
In any case executing court can not go beyond decree.
