Delay of paying money after the judgment
vadapallisrinivas
(Querist) 06 April 2018
This query is : Resolved
The suit is preliminarily decreed for the sum of
Rs.93,434/- (Rupees Ninety-three thousand four hundred and thirty
four only) with subsequent interest at the rate of 12% p.a on
Rs.50,000/- from the date of presentation of the plaint till the date of
decree and at the rate of 6% p.a from the date of decree till the date
of realization with costs time for redemption 3 months.
The above is the judgment given by the jr civil court on the 29th day of April 2016.The defendant died after one month of judgment and no other family knew about the above order. recently the family got to know about the judgment and they are ready to pay the sum with interest to till date. Please let me know how to proceed further in the court to pay money as per the above order after the delay of 2 years.
Thank you.
Azhagananth
(Expert) 10 April 2018
just file a Final decree or E.P and after the receipt of the H4 Notice you may file petition to imp-lead them as parties to the proceedings and get the payment.
Note: The death pf the Defendant should not be stated and the must state that same was known only after service of the H4 Notice.
Ms.Usha Kapoor
(Expert) 16 April 2018
As per Azhaagananth, expert as above File EP and serve a copy on the opposite party and after receiving H4 notice from the opposite party impaled them to the EP proceedings by filing a petition and get payment. I agree with Azhagananth.
