civil procedure code

r.arun (Querist) 04 February 2011 This query is : Resolved
Suit decreed, no attachment in the suit, decree holder intend to file execution petition along with petition for attachment. Before filing Execution, the judgment debtor filed caveat in Execution - is it maintainable - Whether Sec.148A cpc is applicable in execution proceedings, if yes is there any decisions of high courts(especially Kerala) or supreme courts. Pls give advice

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M V Gupta (Expert) 09 February 2011
Caveat in execution proceedings is not maintainable. Notwithstnding the caveat u can always file the EA.

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