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rajan chopra
(Querist) 10 October 2016
This query is : Resolved
Sir in a suit for recovery being filed by me I have also filed an application u/o 38 rule 5 C.P.C and as the defendant declared exparte the judgement in the suit was pronounced in my favour and order in the application was passed on the same date and I applied for the copies of the same for execution.I received the copy of judgement and the copy of order in application was refused for reason that since the application was filed for attachment of property before judgement and the judgement and order were passed on same date and thus as the order was not passed before judgement hence technically wrong and it can not be executed as they have not any proforma of order after judgement but order before judgement.Now what should I do as the defendant is bent upon to dispose of his property ?
P. Venu
(Expert) 11 October 2016
What is the opinion of your advocate!
rajan chopra
(Querist) 11 October 2016
Sir my counsel has opinioned that as the execution petition has been filed by us in which the property of J.D will be attached and sold so we should not go for order passed in application u/o 38 rule 5 C.P.C.But my concern is that the J.D is bent upon to dispose of his property and for this reason I wanted the copy of order of attachment.
cherukuri prasad
(Expert) 11 October 2016
somewhere there is a grave procedural error. what you have in hand is decree not judgement. Judgement concludes every thing including execution.
Rajendra K Goyal
(Expert) 12 October 2016
All documents need to be referred, what is the opinion of your lawyer?
