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1979 Supreme(Cal) 112

JYOTIRMOYEE NAG
SUBOL CHANDRA DUTTA – Appellant
Versus
CHIMAI CHARAN NANDY – Respondent


Advocates Appeared:
BIRESWAR BHATTACHARJI, Kripasindhu Hait, SITARAM BHATTACHARYA,

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The court emphasized that it possesses inherent power to ensure the execution of its decrees, including granting police assistance when necessary [judgement_subject].

  • The application for police help was filed because the judgment-debtors obstructed the execution of the writ of delivery of possession of the property. The court found that the judgment-debtors had indeed obstructed the process and that police assistance was essential for executing the writ (!) .

  • The court clarified that the relief sought was not for the delivery of immovable property, and therefore, specific procedural rules related to delivery of possession or specific performance did not apply. Instead, the relief was granted under the court’s inherent power to execute its decrees (!) .

  • The application was not barred by limitation under relevant law because the relief was granted under the court’s inherent power, which is not subject to the same limitation periods (!) .

  • The court discharged the rule with costs, affirming that the order granting police help was valid and within the court’s jurisdiction (!) .

  • The procedural objections raised regarding the failure to start a Miscellaneous Judicial Case or deviations from procedural rules were rejected, as the purpose of the relief was to facilitate the execution of the decree, which falls within the court’s inherent authority (!) .

  • The court noted that the relief did not fall within specific categories outlined in procedural rules, reinforcing that such relief could only be granted through the court’s inherent power (!) .

  • Overall, the decision upheld the court’s authority to grant police assistance for executing decrees when obstruction occurs, and procedural irregularities did not invalidate the order (!) .

If you need further analysis or specific legal advice, please let me know.


JYOTIRMOYEE NAG, J.

( 1 ) THE decree-holder opposite parties filed an application on 4-7-78 for police help when the decree-holders along with the commissioner went to execute the writ of delivery of possession of the suit property the judgment-debtors with the help of some goondas did not allow the commissioner to measure the suit property and threatened him with dire consequences. As a result the commissioner and process server could not execute the writ. Under the circumstances delivery of possession could not be given and unless police help was given the writ would become un-executable. This application was opposed by the judgment-debtors by filing a written objection. Their case is that they did not obstruct the commissioner who went to execute the writ. The commissioner in collusion with the decree holders submitted a collusive and false report. The learned Munsif relied upon the commissioner's report wherein he had stated that judgment-debtors threatened that they would not allow him to measure the suit property and the commissioner apprehending danger to himself accordingly left the place naming the persons who caused obstruction to him. No evidence was adduced by the judg




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