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bobby (NA)     12 April 2014

Qurey regarding civil case order

Good evening team,

My name is gurmeet, i have a query regarding civil court order. As i have loose the case in civil court now court has given decree order against me. And winner party has filled the execution. 

Hence i wish to make the payment but still want some relief as to reduce the amount or time to pay this whole amount. 

So, kindly suggest me that,  is this possible yet or not ?

Thanks & regards

gurmeet 



Learning

 6 Replies

Dr J C Vashista (Advocate)     12 April 2014

Ask your lawyer to raise/file certain objections on execution, meanwhile negotiate with decree holder and pay.

Advocate Ravinder (Advocate/Attorney)     12 April 2014

Now it is already over.  Decree passed and Execution petition is filed.  You should have asked the court before passing the decree.  Even now you can ask for installments in the E.P., but amount will not be reduced.  Or else try to convince with opponent. 

Advocate Ravinder (Advocate/Attorney)     12 April 2014

Now it is already over.  Decree passed and Execution petition is filed.  You should have asked the court before passing the decree.  Even now you can ask for installments in the E.P., but amount will not be reduced.  Or else try to convince with opponent. 

T. Kalaiselvan, Advocate (Advocate)     13 April 2014

while dragging on the EP proceedings in the court using dilatory tactics,you can negotiate with the decree holder about the  other terms so that you can find some respite.

bobby (NA)     13 April 2014

Hi,

First of all thanks to lawyers club India team member for solving my queries. Sir i have one more small query that plaintiff has filled the execution one months before but till date I did nor received any notice.  Hence, can you advice me how much time taken by the court for notice ?

And is it okay for me to file the PF in previous court as my next is end of the May-2014 ?

 

Thanks & Regards

Gurmeet

Advocate Ravinder (Advocate/Attorney)     13 April 2014

They are purposefully giving wrong address to the court section (office) so that it will be sent to wrong address.  Normally, after giving notice three times, paper publication will be ordered by the court and then you will be set aside exparte in the E.P..  That means whatever the petitioner (wife) had claimed in her E.P. will be executed by the court. 

 

 

Immediately go to the above court (Office section) and inform them you are the respondent and file a memo giving particulars of your correct address.


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