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satyartha prakash gangula (proper)     20 August 2010

EXCUTION PETITION IS TRANSFERABLE IN MONEY RECOVERY SUIT

DEAR FRIENDS

 

 

 

 I HAVE ONE QUESTION   IS EXCUTION PETITION IS TRANSFERABLE IN MONEY RECOVERY SUIT

IF THE PROPERTY IS IN THE JURISDICTION OF ANOTHER COURT OR THE E.P IS TRAILED BY THE SAME COURT

 

PLEASE GIVE VALALBE ANSWER TO ME

 

SATYARTHA PRAKASH GANGULA



Learning

 4 Replies


(Guest)

1. Execution Petition is not transferable. But the Decree obtained in a Money Suit is transferable which is called "Assignment of Decree" and a fresh Execution Petition can be filed after transferring the Decree, by the assignee who becomes the Decree Holder.

2. In the case of attachment and sale of immovable property, the concerned E.P. Court is which is having the territorial (i.e., locality) jurisdiction of the property and not any other Court. Any other Court cannot pass a legally valid order.

G. ARAVINTHAN (Legal Consultant / Solicitor)     21 August 2010

EP is not transferable. 

However you can file EP in the place of residence of the Defendent

Deekshitulu.V.S.R (B.Sc, B.L)     21 August 2010

Gurunarayana Rao is right and follow the same without any demur

niranjan (civil practice)     21 August 2010

Pl. see order 21,rule5,6,7 and 8.


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