Legal Question in Civil Litigation in India

Re: execution petition

There is a time limit to file counter affidavit or objection in an EP. the court cannot refuse to accept the counter, unless you are set exparte. if you are set exparte then a petition to set aside exparte can be filed under order 21 RUle 106 of CPC. if such a petition is rejected then you can challenge it by filing a first appeal in a court of competent appellate jurisdiction.

Attachment can be lifted on furnishing sufficient security for the amount payable as per the decree.

Re: execution petition

File an appeal.

Re: execution petition

File an appeal.

Re: execution petition

1.For any petition the court will give a stipulated time for filing counters,yes unless the case is ordered exparte it cannot reject your counter,you may file a writ petition in the Honourable High court for sppressal of your rights.

2.Attachment of the property can be rmoved if the payment owed is paid in full,as simple as that.

Re: execution petition

You can challenge the refusal by preferring an appeal.

Re: execution petition

Approach the next higher court by way of appeal / revision as per advice of the conducting counsel.

Re: execution petition

You can file a writ invoking article 227 directing court below to consider your affidavit and pass orders thereon.