Order XXI Rule 58 of the Code of Civil Procedure deals with claim petition in execution proceedings.
According to Section 47 of CPC, all questions arising between the parties to the suit relating to the execution, discharge or satisfaction of the decree has to be determined by the Court executing the decree and not by a separate Court.
Where a claim petition has been adjudicated upon merits, the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree.
Where a claim petition is preferred and the Court refuses to entertain it, the party against whom such order is made may institute a separate suit to establish a right which he claims. The order refusing to entertain the claim shall be conclusive subject to the result of the separate suit filed.
Asked in 2015 JCJ Mains in A.P. 3 Marks Question
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Other Topics of the Subject
- An Introduction to C.P.C.
- Types of Jurisdiction
- Essentials of a suit
- Place of suing or Territorial Jurisdiction
- Summons to Defendant
- Written Statement
- Special Rules of Defence
- Set Off
- Legal Set-off Vs. Equitable Set-off
- Set-off Vs. Counter-claim
- Discovery and Inspection
- Production of Documents
- Summoning of Witnesses
- Judgement and Decree
- Execution of Decrees
- Courts which can execute decrees
- Temporary Injunction
- Withdrawal of suits
- Compromise of suits
- Interpleader Suits
- Suits by indigent persons
- Summary Suits
- Powers of Court
- Alternative Dispute Resolution (ADR)
- A claim petition in execution proceedings is dismissed on merits. What is the remedy available to the claim petitioner? Explain.
- Explain the ingredients essential to invoke review jurisdiction by Court.