Monday, 3 September 2018

Objections cannot be entertained where decree is for money

Generally speaking in most of the cases, the execution of any decree is possible under the provisions of order XXI of Code of Civil Procedure 1908.

According to the provisions of Order 21 Rule 23-A of Code of Civil Procedure 1908 the judgment debtor has no right to file objections in the execution of decree when the decree is for recovery of money from judgment debtor.

The only circumstance in which the Judgment debtor can be allowed to file objections is that the judgment debtor has to submit the payment due on him/her in the court before filing objection. That way the court can decide whether the same payment has to be handed over to the decree holder or not.

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