Chit funds act
Querist :
Anonymous
(Querist) 15 April 2019
This query is : Resolved
Brief Facts of the case.
Margadarsi Chit funds filed a dispute with Deputy Registrar of Chits against the Opponents and same is awarded during the trial on dated 15-12-2017 for the claim of Rs 95,000/-,. During the trial the 1st opponent has paid Rs.50,000/- vide Demand draft and obtained a receipt from the disputant and opponents seeks settlement and the disputant also informed they will settle. Under good faith and believe they were not represented so far. Hence it was awarded on 15-12-2017 and found to recover for Rs.78648/- including the costs.
Thereby the Decree Holder has filed E.P.s
One with one 11th Jr.Civil Judge Court at Secunderabad- For claimed Rs.95,537 on movable properties of JDR's 1 and 3.
Another with 5th Jr.Civil Judge Court CCC Hyd- For claim of Rs.95,537/- on all Opponents, during the summons serving it shown that JDR-4 summons served and obtained salary attachment.
My issue is whether the Decree Holder can file Two E.P's with different courts while claiming the same claim.
So what is the remedy. Kindly suggest.
KISHAN DUTT KALASKAR
(Expert) 18 April 2019
Dear Sir,
It is unusual to file to execution petitions. It is for you to get certified copies of earlier EP and see that later EP is stayed or clubbed together with earlier EP.
