Execution petition
pushpakrishna
(Querist) 27 January 2014
This query is : Resolved
Dear seniors/Experts,
One of my clients chit holders of a chit fund company who is a business man and lifted the chit and accordingly he given two sureties with guaranties who are govt.employees. for not payment of the dues the chit fund company filed a suit for recovery of the amount. i filed vakalat on behalf them . and in the men time they (Dependents)wants settle the matter out side the court. i kept quite. but they did not settled the matter and the court passed the Decree in favor of the chit fund company and filed an Execution petition for attachment of salary on the guaranties/sureties and the court made absolute.now the two sureties/guarantors came to me and requested to get the STAY of salary attachment and to file set aside petition along with delay petition. the decree passed about two years back. kindly give a suitable advice in this regard. thanking you all in advance.
Devajyoti Barman
(Expert) 27 January 2014
Without making payment of decreetal money at least a part of it, it is almost impossible to get stay on execution.
Guest
(Expert) 27 January 2014
First of all, please indicate how you are concerned with the case, or the guarantor Government servants, or the chit fund company? Are you a lawyer or proprietor of the chit fund company, as your profile indicates you as a proprietor only?
Rajendra K Goyal
(Expert) 27 January 2014
Author,
Answer the question raised by the expert PS Dhingra ji.
Advocate. Arunagiri
(Expert) 27 January 2014
Is true that a chit fund company got a decree in the civil court, against the defaulting chit subscriber?
T. Kalaiselvan, Advocate
(Expert) 28 January 2014
A petition to set aside along with a petition to condone delay in filing the application for setting aside the decree may be filed, if it was an exparte decree otherwise, only appeal will lie.
