TARUN CHATTERJEE
Ram Bachan Rai – Appellant
Versus
Ram Udar Rai – Respondent
JUDGMENT
Arijit Pasayat, J.—Challenge in this appeal is to the order of a learned Single Judge of the Patna High Court summarily rejecting the Civil Revision filed by the appellants under Section 115 of the Code of Civil Procedure, 1908 (in short the Code).
2. The Civil Revision was filed against the order of the Executing Court allowing the application for execution of a decree which was passed more than 14 years ago.
3. A brief reference to the factual aspect would suffice.
4. The respondents-plaintiffs filed a suit for declaration of title and recovery of possession in which the appellants had appeared and filed a written statement. The suit was decreed ex parte as the defendants did not appear on the date fixed. The ex parte decree in the concerned suit was passed on 3.5.1976. No appeal was, however, filed against the aforesaid judgment and decree. The present appellants who are the judgment debtors filed an application under Order IX Rule 13 CPC for setting aside the ex parte decree which was dismissed for default on 14.7.1978. The said application was not restored by the trial Court and a Miscellaneous Appeal filed also stood dismissed on 10.1.1987. The Civil revision filed again
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