• Detail Explaination on Law provision.

1. In my case a third party without locus standi have applied to add him in execution proceeding under Order 1 Rule 10 of CPC. I learned this provision does not applicable to execution proceeding. How to satisfy the Excuting Court in Argument.

2. Order 21 Rule 2 CPC is for recording the compromise before Executing Court if it occurred outside court read with article 125 of limitation. My question is such provision whether applicable to money decree or any kind of decree as amended in 1976 or 1979 ? Please correct the year. Reply awaited Particularly on "Any kind of Decree".

3. Any party files objection applications to execution proceeding but after filing don't initiate and allow to dismiss in default. Such applications are filed repeatedly in intervals by party only to delay execution. whether such applications after DiD attracts Res judicata as explained under Constructive IV. IF so require reply "How to prevent party from filing and require Case Law of SC if possible.

4. Objection to Execution proceeding requires to be taken at the earliest opportunity, objection taken belated, not permissible. Require note...

5. Legal Difference between Compromise and Settlement in view of Argument before Court.

6. No party is allowed to argue on the facts which were
 suppressed from Court. How far true and share case law if possible.

7. Whether Lok Adalat can pass the Award in the presence of one party while opponent is absent. Such award whether without jurisdiction to be treated as null and void.

8. The EC dismissed the application filed praying to execute sale deed as per draft sale deed on the ground of difference appeared in cause title in between the decree and sale deed. The DH by another application explained why such difference is seen on the ground of findings in Judgnent. The decree passed as per finding given in judgment but cause title on the plaint is remained as it is. According to finding the EC requires to execute the decree which is unchallenged by the opponent. On satisfaction the EC endorse to issue show cause notice to JD why the sale-deed be not executed as per draft sale deed. This notice was not issued in previous application as the application was dismissed as said earlier. Now the question is the order to show cause notice, the JD neither challenged the said order in last many years nor the draft sale deed was objected by JD on appearance till today in many years. Please reply whether endorsement remark "to issue notice and not to object the application + sale deed attracts the Constructive rej judicata.

9. Whether the persons who purchase the suit land from Jd in lis pendency & in violation of Interium stay, requires to be added at the stage where the EP is kept for final orders.. or should wait till order is passed in EP, in view of report of court commissioner to be filed after Verification of land record, which will differ from the records of suit... what is suggestion.
Asked 2 years ago in Civil Law

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5 Answers

1. answer lies in your question itself. Third party has NO LOCUS. 

2. not restricted to money decree but other decrees as well

3. that is not constructive res judicata but ABUSE OF THE PROCESS OF LAW AND SUPPRESSION OF MATERIAL FACTS AND APPROACHING COURT WITH UNCLEAN HANDS

4. If there is belated objection, then the party has to explain the delay and if unable to explain delay then adverse inference can be drawn against such party

5. both used interchangeably being synonyms

6. there is no truth or falsehood in that. Its a submission. A party cannot ague on facts which were actively suppressed from the court. That amounts to misleading the court

7. LA has to ascertain that all the parties are present before it and it has to properly verify such parties and ascertain from them whether or not they have voluntarily entered into the compromise

8. that amounts to waiver and acquiescence by the JD 

9. Not now. later in the obstructionist proceedings they can be heard by the executing court 

Yusuf Rampurawala
Advocate, Mumbai
7752 Answers
79 Consultations

1. Court must provide legal arguments proving Order 1 Rule 10 does not apply to execution proceedings. 

2. Order 21 Rule 2 CPC applies to any decree as amended in 1976.

3. Court may issue stay orders or injunctions to prevent filing of objection applications.

4. Objections must be taken early; late objections not permissible.

5. Compromise is settlement between two+ parties to end dispute; settlement resolves dispute w/o litigation.

6. Doctrine of concealment prevents arguing facts deliberately suppressed from court.

7. Absent parties can challenge award from Lok Adalat on fraud/misrepresentation grounds.

8. Endorsement remark does not attract Constructive Rej Judicata; party can still challenge application/sale deed if unlawful.

9. Those who purchased suit land during lis pendency/interim stay to be added when EP kept for final orders.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

1. If you feel that you are not liable on the basis of the documentary evidences you possess, you may file a counter objection to the EP expressing your grievances.

2. You have to be concerned only if you are one of the JDs in the original suit.

3. Dismiss for default is not resjudicata.

4. The objections have to be filed immediately on appearance.

5. Compromise settlement intimated to court to draw a decree by filing a memo to this effect.

6. The court will not allow the lacuna to be filled.

7. The aggrieved party can agitate and file an appeal.

8. No it is not.

9. Yes 

T Kalaiselvan
Advocate, Vellore
87716 Answers
2355 Consultations

You can oppose the said party being not a necessary party in the litigation and court not to admit the execution application.

Similar application can't be filed again for same cause of action and it becomes resjudicata 

Objection Yes mostly at earlier stage

 

Prashant Nayak
Advocate, Mumbai
32874 Answers
209 Consultations

Dear client,  

You are correct that Order 1 Rule 10 of the CPC does not apply to execution proceedings. You can argue this in court by citing relevant case law and pointing out that the provision specifically applies to "suits" and not execution proceedings. You can also point out that the person in question does not have a direct interest in the execution proceedings and therefore does not have the necessary locus standi.

Order 21 Rule 2 of the CPC applies to all kinds of decrees, including money decrees, as amended in 1976. The provision allows for the recording of a compromise reached between the parties outside of court, and this can be done before the executing court.

Filing repeated objection applications without pursuing them can be seen as an abuse of process and may attract the doctrine of res judicata, particularly if the grounds of objection are the same. However, this will depend on the specific circumstances of the case and the court's interpretation of the law. To prevent a party from filing such applications, you may consider filing an application for costs or seeking an order from the court to restrict further filings without good cause.

This is correct. Any objections to an execution proceeding must be taken at the earliest opportunity, and if they are taken belatedly, they may not be permitted.

Compromise and settlement are often used interchangeably, but there is a legal difference between the two. A compromise is a settlement of a disputed claim, while a settlement can refer to any agreement between parties, including an agreement to waive a claim or to modify an existing contract. In court, it is important to be clear on the specific terms of the compromise or settlement in question.

It is generally true that parties cannot argue on facts that were suppressed from the court. This is because parties have a duty to disclose all relevant information to the court, and failure to do so can be seen as a breach of that duty. The specific consequences of such a breach will depend on the facts of the case and the court's interpretation of the law.

No, a Lok Adalat cannot pass an award in the absence of one of the parties. Both parties must be present, and the award must be made by mutual agreement. An award made in the absence of one party may be treated as null and void.

The endorsement to issue show cause notice to the judgment debtor (JD) is a new order, and it is not covered by the doctrine of res judicata. However, if the JD does not challenge the order within the time limit provided by law, the order will become final and cannot be challenged in the future.

If the persons who purchased the suit land from the JD in violation of an interim stay are not parties to the suit, they may be added as parties to the execution proceeding. However, it may be prudent to wait until the court commissioner's report on the land records is filed before taking any further action, as this may affect the outcome of the execution proceeding. Ultimately, the specific course of action will depend on the facts of the case and the court's interpretation of the law.

 

 

 

Anik Miu
Advocate, Bangalore
10389 Answers
121 Consultations

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