Query about an Execution Petition.
Querist :
Anonymous
(Querist) 29 January 2010
This query is : Resolved
Respected Experts Mr.Rajkumar Makkad/ R.R.Krishnaa.
I am giving the query about an Execution Petition.
I filed an Execution Petition before the Addl. chief Judge’s court (Executing Court) along with a petition filed under Section 14 of Limitation Act, to condone the delay of …..days in filing the above E.P. as I have crossed the limitation period of 12 years, since I have been defending/pursuing the said case bonafidely from the beginning. After hearing both sides, the said petition was rejected by the said Addl. Chief Judge, stating that the delay condonation petition is not maintainable, as the E.P. is time barred. Against the above said rejection, I preferred a Civil Revision Petition, which is pending before a single judge of High Court.
Now I want to clarify that (1) In case, if the Single Judge passes orders against my favour, before whom I have to prefer/ made an Appeal/Revision either before Division Bench of High Court or Supreme Court directly. (2) Is there any Supreme Court finding against this type of cases, in favour of the DHR/Plaintiff.
Plz. clarify my doubt.
R.R. KRISHNAA
(Expert) 29 January 2010
In case you loose the CRP, you have approach the supreme court only.
R.R. KRISHNAA
(Expert) 29 January 2010
In case you loose the CRP, you have approach the supreme court only.
You can say that you had been bonafidely contesting the matter before the other authorities in respect of the same relief till the supreme court and it becomes a defence under section 14 of limitation act. Para 6 is very relevant to help your case.
It was a compromise decree. I think in your case at some later point of time during the course of proceedings initiated by you before the statutory authorities your opponent must have rejected your claim for the property. Then that date of rejection of title (which amounts to fraud) becomes the starting point of limitation for you for calculating the period of 12 years as per section 18 of the limitation act. Calculate it accordingly. If you find that your limitation period is within 12 years from the date of such denial of your rights by your opponent, then you can make use of the attached judgment for your case. AIR 1995 Mad 372
Querist :
Anonymous
(Querist) 29 January 2010
Respected Krishnaa, Thanks for ur suggession given in this. But I have a doubt to be clarified from you is:-
As far as the Judgement is concerned, it is totally involving the fraud committed by the JDRS preventing the DHR in filing the E.P.
But in my case, there was nothing wrong/fraud from the JDRS side, it is only a mistake, which was committed by me was "instead of approaching civil court, i approached MRO for execution of the decree". Hence how should I establish that the JDRS have committed fraud or some thing against me prevented , in filing the E.P. intime.
R.R. KRISHNAA
(Expert) 29 January 2010
You can say that you bonafidely believed that the property was conveyed by the defendants by way of compromise decree but during the course of proceedings before the statutory authorities the defendants (JDRS) fradulently denied your rights which prevented you in filing the E.P. in time.
Note from the judgment attached (para 6): The word ’fraud’ must be interpreted in a wider sense than that in which it is generally used in English law. If a judgment−debtor evades execution by dishonest strategems it would be sufficient to constitute fraud within the meaning of S. 48, Civil P.C.
Thus the act of the JDRS in denying your rights before the statutory authorities and contesting against your rights amounts to dishonest intention and it is well covered under the definition of 'fraud'.
Also your mistake of approaching the statutory authorities is well protected under section 14 as stated in my earlier post and in the judgment attached. So dont worry.
Querist :
Anonymous
(Querist) 29 January 2010
Thanks Krishnaa garu for giving ur valuable information.
Bhumik Dave
(Expert) 30 January 2010
well ansd by krishnaji. Thanks
Guest
(Expert) 30 January 2010
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