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Domnic Konar   03 March 2019

Execution Petition

sir/madam

Facts of case in Execution petition

DH has filed EXECUTION PETITION on Dead judgement debtor after coming to know the JD is dead through postal acknowledgement then he files Application Order 22 rule 4 to bring JD LR's. The said application was allowed by Trail court. Any citation in Favor of LR's. JD. to appeal in High court. That the petition and the application is not maintainable .



Learning

 16 Replies

Domnic Konar   03 March 2019

can some pls reply !

Shashi Dhara   03 March 2019

First appeal to high court and take stay.keep quiet don't press.it takes 10 yrs to come to dispose.at that time u try to search for citiation.
1 Like

Suhail suhail (LAWYER)     03 March 2019

Was the execution petition filed against the dead judgment debtor ? or The judgment debtor died during the pendency of EP ?

1 Like

Domnic Konar   03 March 2019

EXECUTION PETITION filed against dead person !

Domnic Konar   03 March 2019

EXECUTION PETITION filed against dead pe

Domnic Konar   03 March 2019

EXECUTION PETITION filed against dead person !

Domnic Konar   03 March 2019

EXECUTION PETITION filed against dead judgement debtor !

Domnic Konar   03 March 2019

sir , can u pls help me with some citation ! kind request !!

Jehangir Gani   03 March 2019

you don't have remedy.....but if jd was already dead then you have remedy b

Domnic Konar   03 March 2019

Sir , JD was already dead when the execution petition was filed . It took DH to file the case after 90 days of death.

Suhail suhail (LAWYER)     04 March 2019

SIr, what is the nature of decree, it is a money decree, partitiondecree or ????Please provide the nature of decree.

Domnic Konar   04 March 2019

Partition and separate possession

Suhail suhail (LAWYER)     04 March 2019

The decree is executable against Legal heirs;

Please correct me if i am wrong in facts as belwo;

A suit was decreed for partition and posseion

The judgment debtor died between the peiod of decree and execution.

The EP was filed against dead JD

During the trail it was observed that the EP was filed against the JD who had laready died before the petirtion was file.

The DH submits application under O-22 R-4 for bring on record the LR's of JD.

The application is allowed 

The order allowing the apllication under O-22 R 4 is in challenge before High court

ANd you need the citations in favour of O-22 R-4 in  read with O-21 (execution)

Is that right.

Domnic Konar   04 March 2019

Yes , Mr. Bilal you are right !!

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