Recovery case exparty
Neeraj Jha
(Querist) 15 September 2015
This query is : Resolved
Respected Experts,
I filed the recovery suit against a man and the case was exparty and I obtained degree in the case. Will the case come under any criminal sections if he does not pay my money???
Thanks
Sonu d Vinayak
R.K Nanda
(Expert) 15 September 2015
file execution petition in court to get recovery.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 15 September 2015
Go for execution of decree unless defendand applied for setting aside
Neeraj Jha
(Querist) 16 September 2015
Thanks to all for giving your priceless time
Anupam Lahiri
(Expert) 16 September 2015
Dear Sonu Ji,
One aspect of the case is very clear. You have got a decree but it is exparty. So, the defendant may apply to the court to set aside the same on some ground of his absence.
You do the two sequential work:
1. Check whether the defendant has applied for setting aside the ex-parte decree. If so, then you have to defend the same;
2. otherwise, go for execution of the decree. Mind that it is the most intricate aspect in any civil suit. It is often said that real legal battle starts after getting the decree.
Neeraj Jha
(Querist) 16 September 2015
Sir can you tell me the time limit for setting aside??
Dalip Singh
(Expert) 17 September 2015
12 years from the date of decree.
Sudhir Kumar, Advocate
(Expert) 21 October 2015
is it the same case where on http://www.lawyersclubindia.com/experts/Maintenance-u-s-24-HMA-560346.asp maintenance order is passed gainst you?
Advocate Bhartesh goyal
(Expert) 15 September 2015
