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B S MURTHY   23 August 2023

Judgement enforcement authority

In a DVC case trial court has given judgement for payment of compensation to the wife (plaintiff).  The other party (Respondent) has gone for Appeal to Sessions Court.  The Appeal is dismissed there and ordered for payment of compensation as per Trial Court Judgement.  The queries are:

1. Who is the enforcement authority, is it the trial court which has given Judgement, or the Sessions Court which has upheld the Trial Court order?

2. Is it necessary to file any Petition by the Plaintiff for enforcement of the Trial Court Judgement / Order? If so, under which Section / Act?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     24 August 2023

The EP or the collection petition is to be filed before the trial court only and not before the appellate court.

2. Yes a collection petition is to be filed under the same act by which the court has passed an order, did you not consult your lawyer on this yet?

Dr. J C Vashista (Advocate )     24 August 2023

Execution petition u/o XXI Rule 10 CPC has to be filed before Executing (Trial) Court through your lawyer, if there is no appeal /revision filed against Sessions order.


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