jagpal Singh (xyz) 24 December 2015

Delayed execution proceedings

Can any learned lawyer enlighten me on the issue below;

I put up an execution application in 2005 due to non compliance of my decree order at District Consumer forum but unfortunately, due to medical bedridden sickness I could not appear to carry out the proceedings for several years. After given liberty by District Forum in 2014 I had put forth the afresh application, the continuation of the delayed proceedings arising from execution application filed in 2005 to revive the matter. I also stated my medical reasons in delaying the matter. No Condonation of delay application was asked by district forum to file at this stage.

The opposite party was taking the objection again and again so I filed APPLICATION FOR CONDONATION OF DELAY U/S Sec 24 A(2) along with all medical reports after a year .

My Question is

Is 24 A(2) provison for complaints only or applicable on the delay of execution application proceedings as well.

I did not find any provison under which I can file delay of execution proceedings because the application was already filed in 2005. It is just a delay in carrying out the proceedings from my side.

What is correct section under which I can file condonation of delay execution proceedings? Please note that it is not a delay execution application but delay in execution proceedings.

Is it really needed to put this application? Please comment

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3 Replies

Adv.Yashwardhan Tiwari (Advocate IPR Associate ) 25 December 2015

In execution proceeding normally complainant has no role and he appear just to assist court. You should file contempt application to punish Decree holders. Ifany assistance require than let me know on beloiw number

Adv.Yashwardhan

9711787139

Adv.Yashwardhan Tiwari (Advocate IPR Associate ) 25 December 2015

Adv.Yashwardhan

9711787139

T. Kalaiselvan, Advocate (Advocate) 03 January 2016

The time limit for filing an EP is twelve years from the date of judgement in Civil matters and as CPC applies to consumer cases too, this rule is applicable for your case too. If your case was not followed up due to medical reasons, you could have withdrawn the earlier petition with a leave to file a fresh EP or could have filed a petition under section 5 of limitation act seeking to condone delay in prosecution, however since the EP was neither terminated nor dismissed, hence there is no reason for the opposite party to object for the continuation of the proceedings and in my opinion you may not need to file any petition to condone delay. If the forum has not insisted on this, the OP cannot insist on it.