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1998 Supreme(Cal) 425

PRABIR KUMAR SAMANTA
NARAYAN CHANDRA DHAR – Appellant
Versus
KHOKON ROUTH – Respondent


Advocates Appeared:
ASHIM ROY, PINAKI RANJAN MITRA

P. K. SAMANTA, J.

( 1 ) - None appears on behalf of the opposite party. Persuant to the order of this court copy of the revisional application was sent under registered post with A/d to the opposite party but the same returned back with the postal endorsement 'not claimed'. The petitioner has also filed an affidavit of service stating that a copy of the revisional application was also served on 9. 2. 98 upon the learned advocate who appeared on behalf of the opposite party in the City Civil Court at Calcutta. The same is kept on record.

( 2 ) THE petition under Rule 208 of Civil Rules and Orders praying for a direction upon the police authority to render all assistance for execution of the writ for delivery of possession by court's bailiff filed by the decree holder/petitioner in the ejectment Execution Case No. 21 of 1996 was rejected by the City Civil Court at Calcutta by its order No. 27 dated 6. 12. 97. The said order of rejection was made by holding that the decision reported in AIR 1993 Calcutta 128 (Smt. Usha Ghosh v. Rabindra Nath Das and Ors) held that in the matter of delivery of possession in an execution proceeding the court can give police assistance for execution on











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