Kumar.............. (Engineer) 05 February 2012
Dear Lawyers,
My Relative got a Ex-parte order (Decree) for the Money recovery suit (ABJ). Decree value Rs.350000/-. So Please inform me the next steps of the proceedings. When the Court will order for property auction? Is the court will send the order copy to the accused? If accused want to reopen the case, what is the time limit? If he re-open the case, again trial will be allowed or he can pay the decree amount to me?
Please clarify the above,
Regards,
Kumar.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 05 February 2012
Mr.Kumar,
An ex parte decree stands valid until overturned or set aside. However to realise the fruits of your decree i.e to enforce it you need to move an execution application. After which the necessary proceedings like attachment/sale etc would be done.
Getting it set aside is always an option open to the judgment debtor (your adversary) and he can also go in appeal against the decision. However that normally would not stay your execution and would not deprive you of what is lawfully due to you under the decree. Feel free to seek any clarifications. Best of Luck ! Bharat Advocate (Delhi) Convenor : Lawyers for Social Justice Tel : 9810553252 (only 6 to 9 PM)
Ashish Chakravarty (Advocate) 05 February 2012
Kumar, il just add a little to what Bharat has said, apart from what he has mentioned the J.D. may also choose to file objections u/s 47 CPC, it is decided like a misc. suit and till the objections are disposed off the proceedings of the execution remain stayed, however considering the factor that yours is an exparte decree the better option for the OP would be an application u o9 r 13 cpc, the time for filing such application is 30 days from passing of the decree and judgment however after that the OP will have to file an application us 5 of the limitation act to condone delay in filing such application under O9 R13.
Kumar.............. (Engineer) 05 February 2012
Thank you very much sir
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