SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(SC) 460

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

















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top