A claim petition in execution proceedings is dismissed on merits. What is the remedy available to the claim petitioner? Explain.

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

  1. An Introduction to C.P.C.
  2. Jurisdiction
  3. Types of Jurisdiction
  4. Essentials of a suit
  5. Place of suing or Territorial Jurisdiction
  6. Pleadings
  7. Plaint
  8. Summons to Defendant
  9. Written Statement
  10. Special Rules of Defence
  11. Set Off
  12. Legal Set-off Vs. Equitable Set-off
  13. Counter-Claim
  14. Set-off Vs. Counter-claim
  15. Discovery and Inspection
  16. Admissions
  17. Production of Documents
  18. Summoning of Witnesses
  19. Judgement and Decree
  20. Execution of Decrees
  21. Courts which can execute decrees
  22. Appeals
  23. Reference
  24. Review
  25. Revision
  26. Commissions
  27. Temporary Injunction
  28. Receiver
  29. Withdrawal of suits
  30. Compromise of suits
  31. Interpleader Suits
  32. Suits by indigent persons
  33. Summary Suits
  34. Restitution
  35. Caveat
  36. Powers of Court
  37. Alternative Dispute Resolution (ADR)
  38. A claim petition in execution proceedings is dismissed on merits. What is the remedy available to the claim petitioner? Explain.
  39. Explain the ingredients essential to invoke review jurisdiction by Court.

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