CIVIL suit and propety attachment
4 years ago
Respected lawyers,
I am Krishna kumar S/o of vijayalakshmi g, and I just need some legal advice and ideas to prepare well for my Defendant ,My mom VIJAYALAKSHMI G (defendant) got RS 20lakh money from a plaintiff. the plaintiff filed a case on us money suit and property attachment. While mean time my advacate not presenting or not following in the case on court, Here After the Judgment order for ex. Party . the order insist of containing already paid 10 lakhs remaining amount 10 lakhs suit expenses 3 lakhs and cost 50000, with order of degree . now they are filling EP petition 10 lakhs + 3 lakhs + 50 Thousand cost = 1350000 and interest 6 lakhs , SO now , I have paid suit amount 13,50000 again the plaitiff is asking for 6 lakhs as interest for his PAIN AND GAIN , my mom is a widow and she is not able the pay the last amount as per the plaintiff request (RS 6lakhs) and now the judge gave us an order FOR settlement between both PLAINTIFF AND DEFENDANT , and now what can i do and any idea for the save defendant, PLZ lawyers give me some ideas your opinion and your concern?? Any judgment order or citation any other civil suit clause. Rule and order favour for me . Do this help very important ongoing case.
Thanking you
YOUR RESPECTFULLY
KRISHNA KUMAR
Anand Dhanuka
Responded 4 years ago
From the case details it is not clear what the ex parte order. Whether the court while delivering judgment, order and decree has allowed any interest. The Court might have passed the judgment, decree and order directing the defendant to pay the amount within a certain period of time. If the amount has been paid within the time then no question of payment of interest arises. Moreover, in the Execution Petition the Plaintiff cannot pray for interest. If he intends to take interest on the amount then he has to prefer appeal against the judgment, order and decree passed by the Learned Court. From the details it is also not clear whether the plaintiff has filed or preferred any appeal. Be that as it may in Execution Petition the plaintiff cannot pray for interest if the same has not been allowed by the Learned Court in the judgment, order and decree passed.
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