• Exicution petition

Degree award does not contains complete details of the property of  partner ship firm can it be supplemented during exicution petition
Asked 2 years ago in Civil Law

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11 Answers

1. In the execution petition for recovery of money the decree holder is expected to provide a list of properties so it can be attached and sol to revcovr the money.

2. So the is no restraint to give list of properties if the decree /award of for recovery of money.

3. For other kind of decree of immovable property only the property mentioned in the decree is to be motioned in the execution petition. There is no scope to add other property.

Devajyoti Barman
Advocate, Kolkata
21543 Answers
311 Consultations

5.0 on 5.0

Yes if reference is provided in plaint of plaintiff about the property than judgement can can be read along plaint of plaintiff to get full details and complete details if reference is created can be given in execution petition.

Shubham Jhajharia
Advocate, Ahmedabad
25493 Answers
111 Consultations

5.0 on 5.0

In execution of decree you can seek attachment of property standing in name of partnership firm even if complete details are not mentioned in the decree

Ajay Sethi
Advocate, Mumbai
78826 Answers
4739 Consultations

5.0 on 5.0

Dear Sir,

You can file different types of applications for inclusion fo properties left out during the execution proceedings. The following web site give you full information on executions.

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49. Attachment of partnership property.- (1) Save as otherwise provided by this rule, property belonging to a partnership shall not be attached or sold in execution of a decree other than a decree passed against the firm or against the partners in the firm as such.

(2) The court may, on the application of the holder of a decree against a partner, make an Order charging the interest of such partner in the partnership property and profits with payment of the amount due under the decree, and may, by the same or a subsequent order, appoint a receiver of the share of such partner in the profits (whether already declared or accruing) and of any other money which may be coming to him in respect of the partnership, and direct accounts and inquiries and make an Order for the sale of such interest or other orders as might have been directed or made if a charge had been made in favour of the decree holder by such partner, or as the circumstances of the case may require.

(3) The other partner or partners shall be at liberty at any time to redeem the interest charged or, in the case of a sale being directed, to purchase the same.

(4) Every application for an Order under sub-rule (2) shall be served on the judgment debtor and on his partners or such of them as are within India.

(5) Every application made by any partner of the judgment debtor under sub-rule (3) shall be served on the decree holder and on the judgment debtor, and on such of the other partners as do not join in the application and as are within India

(6) Service under sub-rule (4) or sub-rule (5) shall be deemed to be service on all the partners, and all orders made on such applications shall be similarly served.

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http://shodhganga.inflibnet.ac.in/bitstream/10603/59725/23/23_chapter%2014.pdf

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Kishan Dutt Kalaskar
Advocate, Bangalore
5579 Answers
217 Consultations

4.8 on 5.0

You have no option other than trying to submit the details of the property while filing the execution petition.

Krishna Kishore Ganguly
Advocate, Kolkata
24616 Answers
701 Consultations

5.0 on 5.0

No, please I advice you to file an application as CPC for the correction of the award, otherwise things would be difficult in future.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

Yes it will be.

Regards

Swarupananda Neogi
Advocate, Kolkata
2888 Answers
6 Consultations

4.7 on 5.0

Dear Client,

Execution perdition is restricted/limited up to execution of order passed. File revision in same court for lapse to involve complete details of property.

Yogendra Singh Rajawat
Advocate, Jaipur
21343 Answers
31 Consultations

4.4 on 5.0

You can file an execution petition to execute the decree contents alone and not beyond that.

If there is no mention about the property details in the decree passed by the trial court, you may have to reapply for modification of decree based on the prayer and pleadings you have made in the original suit.

T Kalaiselvan
Advocate, Vellore
68856 Answers
929 Consultations

5.0 on 5.0

yes it can be supplemented vide making an application along and stating the reason why complete details were not available before making this application

Aameer Kale
Advocate, Greater Mumbai
7 Answers

4.0 on 5.0

Yes you can move an application for that. With the leave of the court you can add it.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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