defendant 1 is company and defendant 2 & 3 are director of the company. civil suit was contested by defendant 1, 2 3 for 14 years. name of defendants 2 & 3 was mentioned in title clause and in plaint of civil suit as a director of defendant 1 company. The company is registered with ROC as private limited company but haven't made compliences with ROC and tax authority . It is fake company. Jendgement order passed against all three defendants by the court on 14/02/2017. Defendants resigned on 15/02/2017 from directorship of company. and new directors are added on 15/02/2019. Decree exicution suit filed by plaintiff (decree holder.) . The court specificaly mentioned that amount is to be paid by defendant 1,2,3 to the plaintiff jointly and severaly. now the JD have filled application in decree exicuting cout u/s 47 of CPC objecting that they have no property (ACTUALY THEY HAVE) and their name shall be replaced by name of new directors in decree. Can anyone help me to get case laws in favour of plaintiff or decree holder.
