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How to stop an execution for recovery and put counter claim


31-Mar-2023 (In Recovery Law)
I m rahul from Faridabad.In 2008 a man was transferred 150000rs in my account for trading in stock mkt. After some he got the loss of 450000 then he gave me a cheque of3 lacs of his friend bank account which was bounced on given date . I was very frustrated.so i was not filled case against him .but in 2010 he filled case against me to recover 150000which was he sent in my bank othar than bank stmt he have none proof of loan.i hired an advocate.he regularly follow the case and said me i had won but actually i was not aware of the case.now i came to know i had loss the case &he filled execution for recovery.so now suggest me there is any procedure to re open the case for give evidence and proof argument and so on .i have given appeal in same court that was dismissed.now what should be do.pls advise
Answers (2)

Answer #1
933 votes
You will have to file appeal in the appellate court, it depends on the dismissed order of the lower court. you will have to file appeal with stay application to stop the execution.
For counter claim you will have to file fresh case of recovery with all above said proof with delay application.
you may discuss in detail with us.
Answer #2
763 votes
First of all you need to provide the complete details of the case so that all the orders and evidence can be gone through. Only after that it can be said whether there are some chances to stop the execution proceedings or to challange the decree passed against you. Have a conference for the same.

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