• Limitation period for filing objection /application under section 47 in EP proceeding

What is Limitation Period for filing objection /application under section 47 of CPC in execution petition once the show cause notice is issued by EC under order 21 rule 22 CPC ?
Asked 3 years ago in Civil Law

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7 Answers

It's 60 days as per section 127 of limitation Act

 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

There is no limitation and the executing court has got right to extend this time. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

60 days from the date of the order or as said in order by the court related to same.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Section 47 CPC Description. (1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

Order 22 of CPC is not applicable to execution proceedings.

The relevant provisions are sections 50, 52 and 146 of CPC.

Straight away execution petition can be filed either by the legal representatives of a deceased decree holder or against the legal representatives of the deceased judgment debtor.

The only condition imposed is that when a decree is sought to be executed against a legal representative notice under rule 22 of order 21 is compulsory.

Apart from that notice under section 50 CPC is issued generally.

Only after serving notice on the legal representatives of judgment debtor and after hearing and disposing of objections, if any, further steps can be ordered.

The objections need to be filed immediately on receipt of notice  which may be extended by discretion of court by another two weeks.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

you can go through 

Kanchamalai Pathar vs Ry. Shahaji Rajah Sahib ... on 2 October, 1935 of 

Madras High Court

Kanchamalai Pathar vs Ry. Shahaji Rajah Sahib ... on 2 October, 1935

Equivalent citations: (1936) 70 MLJ 162

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Please read the citation Smt.Noorul Saba V/S IV ADJ and another decided by the Hon'ble High Court At Allahabad on 23.12.2014.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

When you have provision as aforesaid no case law is required

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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