suit. Similar principle will not
apply to the execution. If the execution was premature when it
was filed, it is liable to be rejected ... premature when it is filed, it is liable
to be rejected. Mr. Dwivedi has drawn an analogy between a premature suit
and premature execution
appellant to pay the moneys due under the decree, the execution application was premature. We are, however, unable to agree with that contention. After ... execution, the appellant filed a counter affidavit, objecting to his liability to pay the decree amount, as, according to aim, the execution petition was premature
then took out execution petition No.430
of 1964 on 23rd December, 1964. The said execution petition
4
was dismissed being premature, by the Executing ... application for execution of the
same in which objections were raised by Rura through
counsel and execution was dismissed being premature and
after the death
with Order XXI Rule 97 C.P.C .; held that premature filing of execution could not entail its rejection. To arrive at the aforesaid conclusion ... premature when it is filed, it is liable to be rejected. Mr. Dwivedi has drawn an analogy between a premature suit and premature execution
with Order XXI Rule 97 C.P.C .; held that premature filing of execution could not entail its rejection. To arrive at the aforesaid conclusion ... premature when it is filed, it is liable to be rejected. Mr. Dwivedi has drawn an analogy between a premature suit and premature execution
execution application on the date of order dated 23.5.2018, thus, finds merit.
Now, the question arises as to whether the execution application being premature ... mature for execution and hence the execution application cannot now be rejected on the ground of being premature. It is contended that in the similar
them. Kalegowda filed two execution applications for the full decree amount but it was found that they were both premature as the instalments ... that they had paid several sums into Court and that the execution was premature. That execution petition was dismissed on 4-12-1941. The decree
judgment and decree and the present execution was filed on 13.2.2002. So the execution petition is not premature and the same was filed after lapsing ... will not [will not? or will] apply to the execution. If the execution was premature when it was filed, it is liable to be rejected
executable.
(b) that the decree-holder has filed execution
proceedings prematurely, hence, such execution is barred by
Section ... execution proceedings
before expiry of 120 days and, as such, it is clear that the
execution proceedings initiated by the respondent are
premature.
Learned counsel
with Order XXI Rule 97 C.P.C .; held that premature filing of execution could not entail its rejection. To arrive at the aforesaid conclusion ... premature when it is filed, it is liable to be rejected. Mr. Dwivedi has drawn an analogy between a premature suit and premature execution
