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matrimonial maintenance related issue-----need advise


04-Apr-2023 (In Divorce Law)
crpc125 filed by OP on May 2016, notice not served.Exparty order passed on Dec 2018nExecution on above order filed on Jan 2019 (claiming due amount from 2016 to jan 2019)nThe above execution notice was not delivered to me and again OP sent through court messager and my advocate appeared on Aug 2022.(after 3.5yrs)nIn short, execution filed after 3 months of ex-party order but came to my knowledge after 3.5yrs. Set a side petition pending in court.OP trying to issue warrant for recovery.Whether I can file any objection u/s482 crpc limitation application. Please advise.
Answers (1)

Answer #1
959 votes
yes yes certainly you can challenge the exparte order under section 482 crpc by taking out an appropriate application to that effect. as far as the issue of limitation is concerned yes although at the first glance it is time barred but there are ways and means to overcome such limitation which your counsel would advice you better. regards, Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, High Court, Calcutta.
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