AMULYA KUMAR NANDI
PALTU DUTTA – Appellant
Versus
S. M. NIBEDITA ROY – Respondent
( 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
RELIED ON : State of Gujarat v. Vakaht Singhji
Umaji Keshao Meshram, v. Radhikabai
Chandrasekhar Singh v. Siya Ram Singh
Md. Ataur Rahaman v. Nityananda Das
Madhu Limaye v. State of Maharashtra
Indian Pan Works v. Chief Commissioner
REFERRED TO : Durga Prasad v. Banaras Bank Ltd.
RELIED ON : Jagdishlal Dhody v. State of M.P.
REFERRED TO : Raj Kapoor v. State
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