Legal Question in Civil Rights Law in India

contract performance suit

a and b ,made a agreement deed. and b, not perform her part in deed. than cout dicided the suit . and give the oder to b that,he per perform her part in certain period. alough he do not perform her part in certain piroid fix by court .and then court perform her part on behalf of b.after certain time b do not perform her part than A filed a excution suit agaist b. and court issue a notice to b and b acept the notice and filed a vakalatnama in court.and no objection filed agaist decree orderd.but c enterd the court and he filed a aplication under order 21 rule 29 cpc . and he want a stay agaist A . question one .that what right c , in a and b. {c is not decree holder and c is not decree debter .} question two can c moved an aplication under order 21 rule 29.in contract perfomance suit excution. question 3: and if b dies in meantime what should be next step taken by A


Asked on 4/11/08, 3:27 pm

3 Answers from Attorneys
Vivek Mapara Vivek N. Mapara

Re: contract performance suit

As regards your second question, if B dies then you have to bring B 's heirs on record of the Execution Proceedings, and contiue with the execution.

Now before i deal with your first question, it is required to known as to what type of contract was under performance. If a decree is touching the third party right or if a decree is obtained with fraud to the prejudice of third party, then such third party has right to file objections, even if he/she may not be a party to the suit. So it is required to be known as to what type of contract it was, and what are the objections taken by C.

Feel free to contact

Read more
Answered on 4/13/08, 5:55 am

Re: contract performance suit

Necessary details are missing.Contact with all details,professional charges are applicable.

Read more
Answered on 4/12/08, 4:32 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: contract performance suit

This question is not going to work out it would be very much fine if you contact personally as the details you have mentioned are not enough to formulate any advice for you.

Read more
Answered on 4/12/08, 6:29 am


Related Questions & Answers

More Civil Rights Law questions and answers in India