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

1989 Supreme(Cal) 454

AMULYA KUMAR NANDI
PALTU DUTTA – Appellant
Versus
S. M. NIBEDITA ROY – Respondent


Advocates Appeared:
ABHIJIT BANERJI, ASHOK MUKHERJI, ASOKE BANERJI, BIJIT MITRA, GOPAL MUKHERJEE, MD.NIZAMUDDIN, MIHIR ROY, MUKUL PRAKASH BANERJI, RITA DUTTA, SANAT KUMAR SEAL

AMULYA KUMAR NANDI, J.


( 1 ) THIS revision has been preferred against the judgment and order dt. 26-789 passed by Additional District Judge, 6th Court, Alipore and order Nos. 81 and 82 dated 23-6-89 passed in Title Execution Case No. 11 of 1981 by the 1st Additional Court of Munsif, Alipore.

( 2 ) THE petitioner filed a petition under O. 1 R. 10 C. P. C. for addition as a party judgment debtor in Title Execution Case No. 11 of 1981 pending before the Munsif and filed another petition of objection against the execution of the decree under. S. 47 C. P. C. The executing court rejected the petition under S. 47 C. P. C. It further held that the petition under S. 47 C. P. C. and the prayer for staying the execution petition can no more survive the rejection of the petition under O. 1 R. 10 C. P. C.

( 3 ) THE petitioner moved in revision under S. 115a C. P. C. which has been incorporated in the body of the Code by West Bengal Act XV of 1988. The Additional District Judge in revision upheld the decision of the Munsif that the petition under O. 1 R. 10 C. P. C. had been correctly rejected. But in rejecting the revisional application he made no observation with respect to the Munsif's orde






















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