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I filed an execution petition for arrest for verification purposes. If the court refuses the arrest of the judgment debtor and disposes of the petition, can I file a fresh execution petition?
A fresh execution petition is maintainable under the Civil Procedure Code, 1908 if the earlier petition was dismissed on technical grounds or for verification. However, if it was dismissed on merits, a fresh petition is generally not allowed unless there is a new cause or change in circumstances. Always check the court order before refiling. For further legal assistance contact us on our helpline number.