madhu mittal (director) 10 December 2011

Ex-party decree,whether be presumed the jd is aware of it or

In a Execution Petition , order was made by the court under R 54 O 21 CPC on 18.08.2011 for attachment of Immovable Property of Judgement Debtor and attending the court by him on 22.09.2011 and this order was also sent to Process Server/Amin/Nazir for executing the same well in time, but the date of 22.09.2011 and 19.11.2011 has passed off, but nothing was done by him except sending back to executing court by remarking does not have time. Now another same order has been issued to him dated 20.12.2011. The original decree was passed ex-party. I have read that until order of execution petition is executed, it is null and void against the stranger i.e. purchaser under order 38 rule 10. But my question is whether the Judgement Debtor can himself take an excuse that at the time of selling the property, I was not aware of the decision of the court, as it was ex party decree or he will be presumed to know the order of ex-party decree in general and specially when at initial level he appeared in the court after getting summon and contested the suit until in a matter cost of Rs. 5000/- was imposed on him, that was not deposited by him, and afterwards he remained absent.

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(Guest)

An exparte Order passed by the Court is very well binding on him even subsequently also, until and unless it is set aside on application by the other party. Hence the E.P. court shall proceed with the Exparte Decree unless it is stayed by the higher court of first instance or the High Court. Further even a subsequent purchaser will not get a better title to the property and he is also bound by the decree and its conditions. In any event you are better placed and you can enjoy the fruits of the Decree and see that more effective steps are taken at your end to materialise the fruits of the Decree as early as possible in order to avoid one more round of litigation in the trial court from the beginning.

(Guest)

An exparte Order passed by the Court is very well binding on the J.D. even subsequently also, until and unless it is set aside on application by him. Hence the E.P. court shall proceed with the Exparte Decree unless it is stayed by the higher court of first instance or the High Court. Further even a subsequent purchaser will not get a better title to the property and he is also bound by the decree and its conditions. In any event you are better placed and you can enjoy the fruits of the Decree and see that more effective steps are taken at your end to materialise the fruits of the Decree as early as possible in order to avoid one more round of litigation in the trial court from the beginning.