For filing 2nd execution petition after the 10 years

How, when, where and why the execution petition was dismissed ?

It is bettero to contact, consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

It is better to file application for restoration of execution  along with application for condonation of delay. 

There is no provision for restoration of an execution petition that is dismissed in default or for non-prosecution.

 a dismissed execution petition cannot be restored if it is barred by limitation.

A decree holder can file a fresh execution petition within the period of limitation, which is 12 years. 

However, if the application is not under Sub-rule 1 Rule 106 of Order 21, the court can restore the execution petition under Section 151 of the Code of Civil Procedure. The period of limitation for such an application is 3 years as per Article 137 of the Limitation Act, 1963.

Filing a second execution petition after a prolonged delay, such as in your case, can be challenging due to the limitation period prescribed under the law. However, there may be possible remedies.

Given the complexity and potential time-barred nature of the case, I recommend consulting a seasoned lawyer with expertise in execution proceedings for a detailed assessment of your options.

Please reach out to us as we know some lawyers dealing in matters like this at  - prachi@lawfinitysolutions.com or https://wa.me/+919810483059. 

No provision to restore an execution petition.

Besides this, the case is too late and barred by limitation.

No purpose in scratching your head and spending time, efforts and money in the instant case.