Execution petition
sheela
(Querist) 11 January 2014
This query is : Resolved
Thanks to valuable advice of you respected peers, I have won the case, albeit it is an ex parte judgment in f/o my client. Limitation period is over and JD has not appealed. But he may contest execution petition. What points I must cover in my EP. More particularly, what should be my submissions in answer to point in the EP proforma "in what manner court's assistance is sought." And what points I must take care of in my prayer.
ajay sethi
(Expert) 11 January 2014
in execution of decree you amy find out where moveable and immoveable property of defendant is situated . make application for attachment of his property
Advocate. Arunagiri
(Expert) 11 January 2014
The contents of the EP and arguments in case it is contested by the other party, depends upon the merits and facts of the case. In general we can not suggest.
SHIRISH PAWAR, 7738990900
(Expert) 11 January 2014
Agree with Mr. Arunagiri. Each case's facts and merit differs there is no strait jacket formula.
Rajendra K Goyal
(Expert) 11 January 2014
No fixed line of action for each case, contact your lawyer who is well versed with the case and contents of file.
sheela
(Querist) 11 January 2014
Thanks you all guys for your prompt responses.
prabhakar singh
(Expert) 11 January 2014
My dear Sheela jee!
May be limitation for appeal is over but possibility of an appeal with delay condonation application under section 5 of limitation is still open,hence there is nothing to celebrate just now!
To suggest on EP terms of decree is a must which surprisingly missing in your query!
WHY?
sheela
(Querist) 12 January 2014
Thanks, Mr Prabhakar Singh. Yes, what you say is very true but I think the process of execution can be set in motion. If appeal is filed, process would stop.
I'd ask for execution under 51(b) or (c). I suppose I cannot have both. I don't have the details of movable properties of JD. Still,I can include in the list for attachment all the movable properties generally found in a household like TVs, ACs, mobiles and like. Would that be OK,Sir.What do you suggest?
