Execution procedure

the limitation period is 12 years...........

To file an execution case limitation period is 12 years.File a Misc. Case in the same court for execution of decree to recovery of possession.If the the defedant resisted the execution process you get the police help by the Court.

Order of Karnataka High Court dated 29/9/2005.

The appeal is allowed. Respondent No.2 shall be named as the Receiver in respect of the firm-respondent No, 1 to account for the assets and liabilities and its income and expenditure from the date of the Retirement Deed till the disposal of the suit and the accounts of the firm shall be audited under the joint supervision of a Chartered Accountant of the respondents and a Chartered Accountant to be named by the appellants. Respondent No 2 in his capacity as the Court Receiver shall be subject to the order and directions of the trial court pending suit.

Retirement Deed dated 22/10/2002.

The Appellants have not taken any steps to get the order implemented. What is responsibility of the Receiver?

limitation period is 12 years

Dear karthik

The limitaion period of Decree execution is 12 years, if the decree on merit and if the decree is ex-party, within 90 days you can file an application under Order9 rule 13 CPC 1908 and set-a side the decree.

EP is not barred by limitation. the limitation period is 12 year.

EXECUTION CAN BE FILED WITH IN PERIOD OF 12 YEARS BUT YOU CAN FILE OBJECTION WITH REGARDS TO EXECUTION DEPENDING UPON THE FACTS AND CIRCUMSTANCES.

REGARDS

RAJIV BHASIN

ADVOCATE

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