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Execution Application Objection 1 1 1 1

The document is an objection filed by the Judgement Debtor against an execution application, claiming it is based on fraud and misrepresentation. The Judgement Debtor asserts that they were not properly served and requests the court to dismiss the execution application and allow the case to be decided on its merits. An affidavit is included, affirming the truthfulness of the objection and the potential harm to the Judgement Debtor if the application is not granted.

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15 views3 pages

Execution Application Objection 1 1 1 1

The document is an objection filed by the Judgement Debtor against an execution application, claiming it is based on fraud and misrepresentation. The Judgement Debtor asserts that they were not properly served and requests the court to dismiss the execution application and allow the case to be decided on its merits. An affidavit is included, affirming the truthfulness of the objection and the potential harm to the Judgement Debtor if the application is not granted.

Uploaded by

abbasialiali62
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF ____________ JUDGE AT KARACHI,

EAST/SOUTH/WEST/MALIR

Execution No. _____ OF 202_


IN
______ Suit/App. No. ____ of 202__

_______________ ………………………….…. DECREE HOLDER

VERSUS

_________________ ……………..……….. JUDGEMENT DEBTOR

OBJECTION ON BEHALF OF THE


JUDGEMENT DEBTOR(s)

Most Respectfully Sheweth,

1. That the instant execution application is misconceived and


not maintainable in law.
2. That the Exparte order dated: 09.01.2019, passed by this
Hon’ble Court is liable to be set aside, as the same has
been obtained by the Decree holder by virtue of fraud and
misrepresentation in connivance of the bailiff of this
Hon’ble Court, as the opponent has not been served in any
manners in the above matters.
3. That uninformed of the case, as and when the Judgement
Debtor came to know about the above titled ______ Case
filed by the Decree Holder against the Judgement Debtor,
the Judgement Debtor immediately appeared before this
Hon’ble Court and the said case must be decided on merits
by providing a chance of defense to the Decree holder in
decreed matter.
4. That the Decree Holder obtained the Exparte Order dated:
__________ by fraud, misrepresentation, and by
concealment of real facts.
5. That it is pertinent to mention here that
_____________________________________ but he again
suppressed that ____________________________ which shows
their fraud, misrepresentation of facts, malafide and
ulterior motives.
6. That neither any notice/ summon in the above titled case
was ever served upon the Judgement Debtor by any means
nor the JD has received the same.
7. That it is settled principle of law that nobody should be
condemned in unheard and law always favors that matters
should be decided on merits rather than on technicalities.
Therefore proper opportunities must be given to Judgement
Debtor and the matter must be decided after the recording
of proper evidence.
8. That all the reports of notices/ summons issued by this
Hon’ble Court in the above case are bogus, wrong, false,
and baseless and the same have been managed by the
applicant inclusion with the bailiffs of this Hon’ble Court, as
no bailiff of this Hon’ble Court has ever visited to the above
address nor Judgement Debtor or any person in premises
had received any notice from any source, therefore, I say
that judgment obtained by the Decree Holder by way of
misrepresentation and fraud, so as the same is liable to set
aside.
9. That the captioned ___________ case was ordered in favor of
the Decree holder and __________ in the abovementioned
decreed matter without due course of law, as the Decree
holder has concealed the actual facts from this Hon’ble
Court, regardless, no summon/ notice was ever issued to
the JD, hence the execution application is liable to be
dismissed and the decreed order may be recalled.
10. That the execution application has been filed with malafide
intention by the D.H only to misguide this Hon’ble Court
and concealed the real facts from this Hon’ble court.
11. That the D.H filed this execution application merely to
achieve illegal gain, inasmuch as the other ground urged at
the time of the hearing.
12. That the instant application deserves to be dismissed as
being false and frivolous which may be dismissed with
compensatory cost in order to meet the ends of justice.

13. It is, therefore most respectfully prayed that this


Hon’ble Court may be pleased to dismiss the instant
execution application.

Karachi
Dated _________________ ____________________
JUDGEMENT DEBTOR
IN THE COURT OF ___ __________ JUDGE AT KARACHI,
EAST/SOUTH/WEST/MALIR

_________ SUIT NO. _____ OF 202_

_______________ ………………………….…. PLAINTIFF

VERSUS

_________________ ……………..…………….. DEFENDANT

AFFIDAVIT

I, ______________S/o _____________ R/o Karachi do


hereby state on oath as under.

1. That I am Judgement Debtor in the above matter


and deponent of this affidavit and as such my
fully conversant with the facts of the case.
2. That I say that the accompanying Objection has
been drafted and filed under my instructions and
on my behalf, the contents whereof are true and
correct and I have no suffered and concealed
any fact from this Hon’ble Court.
3. That until and unless the accompanied
application is granted I shall be seriously
prejudiced and shall face irreparable loss.
4. That whatsoever stated above is true and
correct to the best of my knowledge and belief

Karachi _________________________
Dated:- DEPONENT

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