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Stephen (Pgm Management Professional (Retired))     13 July 2020

Judgment decree question vs criminal case proceedings

Dear Respected Sirs,

I had filed OS and Criminal case against the 6 of the defendants for falsely selling property. While on the OS case the some 7 weeks back during COVID phase judgment has been given in favor for me stating Suit of the Plaintiff is partly decreed with cost instructing defendant # 3 to pay as all sale transaction money trail was in his bank a/c.

As I am in dilemma, hence with above information I seek help and advice from the experts on below few queries.

  1. While I see the judgment copy online, now what how and when would the decree execution with details be made and would be available online
  2. As the defendant # 3 is not appearing in court since cross examination (untraceable / wrong address given in written statement). Who and how will decree order be issued so that defendant #3 pay the money. Also how long with the decree execution phase last. I ask this due to covid lockdowns, will this phase be also in the court
  3. As mentioned above having filed criminal case as well. The defendants not appeared in that court as well for 3 years despite serving 3 NBWs and the case is coming for Sep’2020 so can this OS judgment and decree be attached or used in criminal case as well. The reasons I ask because the public prosecutor is not taking the case forward… Here every time case is posted I am attending and speaking directly to judge as PP is not present in court or in his office.

 

Appreciate your timely and detail advice. Thanks in advance.

Best Regards

Stephen



Learning

 7 Replies

Dr J C Vashista (Advocate)     14 July 2020

Q 1. Apply and obtain certified copy of judgment and decree after opening of Courts.

Q 2. Execution petition can be filed within 12 years

Q 3 What the criminal case ?

After 3 NBWs did you requiest/ insist for attachment of property of accused u/s 82 CrPC and declare him as absconder U/S 83 CrPC ?

It is advisable to seek professional services of a local lawyer for proper analyses of facts, professional guidance and necessary proceeding.

Stephen (Pgm Management Professional (Retired))     14 July 2020

Dear Respected Sir,

Many thanks for your response. Towards further understanding of your Q3.

Basically I had filed OS in 2016 and Criminal case in 2017 towards 420B. While OS has judgment has come in my favor and I am not able to see the Decree or the execution of it in court online. Hence wanted to know whether I need to collect the Decree and enforce execution or Court will help. Besdies as I mentioned since the OS cross examination the Defendant # 3 is untraceble and not sure how to know whether he has property to provide info to court. Hence I was also persuing on crimial side and there too after 3 NBWs the defendants and D3 hasn't appeared I was wanting to know whether the OS judgment and decree can be used to submit on crimial side which the hearing is coming up in Sep'2020.

I hope I have explained as best I know... Hence seeking your expert point to take as next steps and wise advice.

Appreciate your patience and thanks in advance to your help.

 

Regards

Stephen

 

 

 

P. Venu (Advocate)     14 July 2020

The defendants have the option to file an appeal. If not appeal is filed the decree is not satisfied by the defendant concerned, you may file execution proceedings to realise the decretal amount. As regards the criminal case, the findings in the civil case could be relevant as and when the trial takes place.

Stephen (Pgm Management Professional (Retired))     14 July 2020

Dear Sir,

Thanks for your respone.

As mentioned at the begining of the query. As I am in dilema its been 7 weeks since judgment and  seen only online, due to COVID lockdown my query was does Decree and exution document also be made online by court. If yes by when and by whom. Most importantly its 7 weeks since judgment has been given.. I have no understanding whether defendant is satisifed or not. as mentiioned the defendant-3 is not to be seen since cross examniation. That said, when and how should I proceed with decree execution. Lastly as updated the criminal case under 420B was filed 3 years ago and 3 NBWs were served and defendant not appearing, so hence could we use the OS judgement to enforce on crimial side case to progress which is schedule for hearing in Sep'2020. Apprecaite a clear advice.

 

Thanks

Stephen

P. Venu (Advocate)     14 July 2020

What is the date of the date of judgment? Limitation for filing appeal runs from the next day. Period involved in applying for and getting the certified copy is to be excluded. Wait for some time before filing the execution petition. 

As regards to the criminal case, there cannot be any decision based on the judgment in the civil action. necessarily, the trial has to be completed.

Stephen (Pgm Management Professional (Retired))     14 July 2020

Dear Sir,

 

The OS judgment came during last week of May'2020.

Therefore I was asking how long should I wait to get decree and would decree and exution be made available online.

Though I understand trial at crimial court has to happen, all I was asking to gain understanding is that can the OS judgment be used as supporting doc / info.  

Hence I appreciate if you can clear my dilemna with your esteemed expertise and sound advices on next steps as the is lockdown what I need to adopt both on OS decree execution and crimial side.

 

Thanks

Stephen

 

Dr J C Vashista (Advocate)     15 July 2020

Limitation during COVID-19 shall be excluded.


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