Execution petition against decree
AMARJIT SINGH MONGA
(Querist) 25 August 2012
This query is : Resolved
I AM DECREE HOLDER IN CIVIL COURT AT PATIALA AND JD HAS DEPOSITED SOME PART PAYMENT IN THE COURT FOR WHICH I MADE AN APPLICATION TO RELEASE THAT PAYMENT AND SPECIALLY MENTIONED 'TO RELEASE PART PAYMENT' IN MY APPLICATION BUT COURT HAS PASSED THE ORDER 'THE PAYMENT HAS ALREADY BEEN MADE ACCORDINGLY THE PRESENT EXECUTION DISPOSED AS FULLY SATISFIED'WHILE RELEASING THE PAYMENT.I ALSO RECEIVED PAYMENT UNDER PROTEST WHILE GIVING RECEIPT OF THAT PAYMENT TO NAZIR.SO NOW SOME PAYMENT IS PENDING AGAINST THE JD.SO ADVISE ME IF I CAN FILE THE EXECUTION IN THE SAME COURT FOR THE BALANCE PAYMENT OR NOT
venkatesh Rao
(Expert) 25 August 2012
You can very well file another execution petition before the same court; before that make an application in the earlier execution petition u/s 151 cpc to recall and revise the orders to the extent that "full satisfaction" and explain in the application why and how it is is partly satisfied.
Devajyoti Barman
(Expert) 26 August 2012
You can challenge the order on the ground of non satisfaction of payment of whole amount.
File Revision.
