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1997 Supreme(Pat) 629

S.N.JHA
Ramashray Prasad Choudhary – Appellant
Versus
Krishna Nandan Singh – Respondent


Advocates appeared:
For the Petitioner: Mr. Ashok Kumar Choudhary.
For the Opposite Party: M/s. Ram Balak Mahto, Dronacharya & Partha Sarthy.

JUDGMENT

S.N. Jha, J.

1. This civil revision by the judgment debtor is directed against an order by which an application under Order 21, Rule 90 of the Code of Civil Procedure has been rejected.

2. The sole opposite party along with his father (since dead) filed Money Execution Case No. 5 of 1969 in the Court of Subordinate Judge, Darbhanga, for realisation of decretal amount of Rs. 15,221.30 P. The petitioner filed objection under section 47 of the Code (Misc. Case No. 10 of 1972) which was dismissed in default on 14.8.1976. He filed another objection under section 47 (Misc. Case No. 2 of 1976) which was dismissed as not maintainable on 3.12.1976. The petitioner challenged the said order, initially by way of appeal (Misc. Appeal No. 68 of 1977) which was later converted into Civil Revision No. 1498 of 1977 in this Court. The said appeal was filed on 14.3.1977. In the meantime, the impugned auction sale was held on 11.3.1977 and confirmed on 12.4.1977. The delivery of possession was also allegedly effected on 23.3.1978. This Court vide order dated 8.1.1979 in C.R. No. 1490 of 1977 stayed further proceedings in the execution case. On 13.8.1979 the civil revision was finally allowed, th


















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