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

1952 Supreme(Cal) 151

R.P.MOOKERJEE
SURENDRA NATH DUTTA – Appellant
Versus
MOHINI MOHAN CHAKRAVARTY – Respondent


Advocates Appeared:
RABINDRA NATH BHATTACHARYA, SUSHIL KUMAR BISWAS

R. P. MOOKERJEE, J.

( 1 ) THIS is a debtor's application for the revision of an order passed by the Munsif at Basirhat, directing that an earlier order dismissing for default a certain execution case be set aside and the case restored to file along with the miscellaneous case which had been started in connection with those execution proceedings.

( 2 ) TO appreciate the point raised before this Court, it will be necessary to refer in short to the relevant facts leading to the order of dismissal mentioned above. The Bank of Commerce obtained a decree against the debtor petitioner in the Court of Small Causes at Calcutta on 11-8-1938. Attempts were made to realise the decretal amount on different occasions, and on 8-8-1950, the last application for execution was filed. This was after an order was obtained from the Court of Small Causes for transfer of the decree to a Court in the District of 24 Pargannas. Prom the ordersheet it appears that the pleader who was engaged took various steps in connection with this execution case, though on 7-9-1950, an order had been passed by the Original Side of this Court appointing the Official Receiver as liquidator of the decree-holder Bank. No st






















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