• Validity of an appeal after execuion

Execution of A contested decree has already been finalised in A contested manner also. Can institution of an appeal challenging the decree so executed is legally tenable thereafter? Pl. Opine with case reference.
Asked 6 years ago in Civil Law

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12 Answers

only so much of the decree for which no execution took place and against which the party is aggrieved, can an appeal be filed for that portion of decree

however if decree is executed in its entirety in the execution proceedings, then it means that the parties have accepted the decree and the fruits of it and thus after having it so executed, no party can challenge that decree in an appeal

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

A decree passed in by court is always amenable for challenge in higher court in appeal.

So in this case an appeal can be preferred in high court u/s 97 of CPC.

In high court for appeal the time limit is 90 days after which is the delay is condone by the court on satisfactory explanation the appeal can be admitted.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

See if the appeal is admitted then in that case there can be stay on execution order by the higher court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Appeal shall be valid.  It is to be filed within 90 days from date of execution order. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

No appeal lies agasint execution decree even when person arrest or detention is in execution of a decree

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- The filing of an appeal from a decree is, by itself, no bar to its Execution , and Execution may proceed unless it is stayed by an order of the Appellate Court or the Court which passed the decree.

- A contested decree after been finalised , is also challengalbe within the limitation period of maximum 90 days ,or thereafter , with the sufficient reasons of dalying. 

- Even, execution proceeding has already been over and finalised, then also the said Decree is challegable, but within the peirod of limitation. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Yes tenable.

Please go through the citation Kuldip Singh V/S Banarsi Dass decided on 04.09.2015 by Hon'ble Delhi HC.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Hello,

Yes,

Unless the same is already execute you can file an appeal with or without LIMITATION PERIOD.

REGARDS

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

The aggrieved party can challenge the decree within a stipulated time period. 

If he's challenging the decree after the expiration of time limit for preferring appeal, then they may have to file an application seeking to condone delay in filing this appeal. 

If the delay is condoned then the appeal may be admitted.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes it's tenable

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

For every appeal, there is a limited period, within which appeal should be filed. Such a limitation is provided under the Limitation Act, 1963. For appeal, in case of a decree passed by lower court in civil suit, the limitation is : Appeal to High Court - 90 days from the date of decree Or order.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes appeal is maintenable against judgement of contested divorce petition.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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