Execution

3 cases · August 2023 to July 2026

Case Volume by Year

1
23
2
26
2023–2026

Key Issues & Sub-Topics

Stay of execution — Principles — Successful litigant entitled to fruits of judgment — Special circumstances required — Alleged hearsay evidence and disproportionate sale of immovable property — Whether oppressive — Delay in seeking stay — No special circumstances shown — Stay refused. 1 case

Order 46 Rule 2 & 3 Rules of Court 2012 — Leave to execute judgment after six years — Section 6(3) Limitation Act 1953 — Distinction between bankruptcy proceedings and execution proceedings — Necessity to show cogent reasons for delay — Insufficiency of pursuing bankruptcy proceedings as explanation — Strategic litigation choices — not a valid excuse for not pursuing enforcement — Failure to attempt prescribed modes of execution under Order 45 — Ex abundant cautela application — Whether multiple leave applications permissible — Ex parte procedure — Dismissal of leave application 1 case

Key Statutes

Limitation Act 1953
cited in 1 case
Rules of Court 2012
cited in 1 case
cited in 1 case

Court Distribution

Key People & Firms

Cases