Legal Question in Civil Rights Law in India

In a title suite, I was plaintiff. Judgment got passed in my favour on 15th April by Hon�ble Sub Judge. Which goes like this �Suit is and the same be decreed in favour of plaintiff against contesting defendants and against ex-parte decree against uncontested defendant. Plaintiff has right title and possession over suit land; defendants are directed to give physical possession of this suit land to the plaintiff within 2 months from the date of this order. If they do not give physical possession the possession of this suit land will be given by court according to process of law.� Now four months has passed. Defendants have not filed Appeal. We too have not filed execution are preparing for to file it at the earliest. Can defendants file a fresh suit by making their other family members as party to whom we didn�t noticed/made defendant i.e. left out unknowingly? If they do so, what impact will be on my execution case?


Asked on 9/13/09, 1:09 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may pursue your execution petition. When they file a suit, only then you will need to find a remedy.

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Answered on 9/13/09, 2:55 pm
Seshadri Srinivasan www.lawconcern.com

The decree operates only against the party defendants to the suit both contesting and non-contesting. It cannot operate against others who have title or interest in the property.

However, you can execute the decree and it is up to the affected parties to file a fresh suit.

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Answered on 10/16/09, 12:12 am


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