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Sagnik (Management Trainee)     31 January 2013

Responsibility to execute a final judgement

Dear all,

Is there an estoppel in law created over the judgement debtor to execute the decree by virtue of judgments which have become final?

A plaintiff is refusing to execute a decree by not paying the differential court fee which the court has imposed upon him. Hence, will there be a liability or estoppel of any nature created upon him for not executing a judgement which has become final?

Kindly elucidate on the above topic.

Regards,

Sagnik Sanyal



Learning

 2 Replies

Chetan Joshi (Advisory/Advocacy)     31 January 2013

It amounts to contempt of court. An execution petition can be filed...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


(Guest)

If the court while delivering the judgment in favour of the plaintiff and while preparing the bill of cost and decree has directed the plaintiff to pay the deficit amount of court fees, the decree is in-effective unless the same is deposited.

Judgment debtor need not bother for the non-payment of the court fees as the decree is against him.

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