Stephen (Pgm Management Professional (Retired)) 07 September 2020
SHIRISH PAWAR, 7738990900 (Advocate) 07 September 2020
Hello,
Once you file execution of decree the notice will be issued by court and not through police or defendant advocate. Contact local advocate for filing and proceeding with the decree.
Stephen (Pgm Management Professional (Retired)) 07 September 2020
Dear Shirish Sir,
Thanks for this info. Still my concern, as mentioned in the query as the defendant #3 has given wrong/incorrect address, so how would court and which department of court would determine to ensure the defendant is given notice of the decree and how long / how much iteration this will keep going.
Appreciate if you can give some light to my concerns.
Thanks
Stephen
niranjan (civil practice) 07 September 2020
If defty.no.3 was power of attorney, judgement is binding to all defts. and so you have to file execution against all defts. and notice will have tobe served on each one.
Stephen (Pgm Management Professional (Retired)) 08 September 2020
Dear Sir,
Thanks for your response with some inputs. To clarify defendant #3 is not power attorney holder, but part of all 6 of from the same family. Just that defendant #3 with affidavit in WS mentioned he is appearing on behalf of rest of the family and as reiterated the defendant #3 has given wrong / non existent address and untraceable as he is on bail as well. So light of this background I am seeking help from the learned can we give decree execution notice to the address of rest of family members.
Appreciate your detail clarification on this
Thanks
Stephen