decree-holder does not execute his decree promptly, the whole execution shall abate and he shall lose his decree. There would be no object ... execution petition, and by directing that the proceedings in execution should proceed further, and that it was not necessary to file a fresh execution petition
deceased "Thakuri Bai" and that the proceedings in execution cannot abate. It was also pleaded, perhaps, under an erroneous belief that the provisions ... holder and to continue the proceedings in execution of the decree. Since execution proceedings do not abate and there is no limitation prescribed for legal
said Act, in so far it purports to abate the execution proceeding for eviction of a Thika tenant against whom a decree for eviction ... purports to abate any pending proceeding. It was further held that even if there may be abatement of the execution proceedings, the relationship
Procedure objecting that the execution case could not proceed in view of the fact that the Money Execution case had abated and the decree ... order of abatement to be withdrawn, could give validity to the order of abatement if the order of abatement of the execution, case was originally
order to find out whether a suit or an application for execution has abated or continues, the Civil Court must await the decision of some ... Jurisdiction to decide whether a suit or an application for execution has abated or whether it continues. Sub-section (5) of S. 4 provides that
abated without any
absurd consequences. In the aforesaid facts, section 19 of the impugned
Act in so far as it purports to abate execution proceeding ... purports to abate execution proceeding for eviction of
a thika tenant against whom a decree for eviction has been passed, before
enforcement
record
within ninety days, can the Civil Court dismiss the
execution petition as abated?
Order 22 Rule 12 of the Code of Civil Procedure reads ... Court can
dismiss the execution petition for default. But in any event
the execution petition cannot be dismissed as abated.
Alternatively, it is also open
execution petition filed by him, his legal representative can come on the record and proceed with the execution only by filing a separate execution petition ... cannot be made in the pending execution petition itself ordering execution to proceed just as in a fresh execution application. It appears to me that
Prayed that the execution Petition should be dismissed as having abated. The execution court held that since the decree has. been Passed ... states that all debts shall stand discharged and all execution proceedings shall abate. A debt which ripned. into a decree in Bombay cannot be declared
abatement, viz., that when the right of suit survives death will not cause abatement. If it stood by itself there could be no abatement ... expressly made inapplicable to execution proceedings by Rule 12 of Order 22. Execution proceedings do not therefore abate by reason of the failure to substitute
