under u.p. z.a &l.r.act

Querist : Anonymous (Querist) 24 November 2009 This query is : Resolved
final decree passed in 1959 but not entered in revenue record what is the prescrived time for execution?

what is the legal position of such order which is passed against minor without next friend

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Raj Kumar Makkad (Expert) 24 November 2009
The decree passed in 1959 if not entered till to date in the revenue record has lost its value in the eyes of law becuase the period of execution according to CPC in exceptional cases is 30 years otherwise in all general cases it is only 12 years.

If minor has not been represented through his next friend then such decree passed against him is nullity and cannot be executed against such minor. Such decree can be got quashed by such minor within one year on attaining the majority.

n.k.sarin (Expert) 24 November 2009
I agree with Mr Raj.

Sachin Bhatia (Expert) 24 November 2009
agree with Mr Raj.

Querist : Anonymous (Querist) 25 November 2009
if orginal file misplaced then i can not obtain certified copy then how can i file the cancilation of such decree then what recourse is open to me?

Arvind Singh Chauhan (Expert) 25 November 2009
I agree with Raj Sir. But original file should not be misplaced. It may be in record office or may be weeded. But in case it is weeded it should be recorded even in weed register. If original file is not found how the execution of such decree possible. File objection if there is any application is filed for execution.

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