Rule 208 of the Civil Rules and Orders and Order 21 Rule 97 of the Code of Civil Procedure operate in different fields in connection with the execution proceeding, and the circumstances under which police help can be granted under those provisions are different.

1. THE decree-holders/opposite parties filed an application under Rule 208 of the Civil Rules and Orders of the High Court, Calcutta for grant of police help in aid of execution of an eviction decree passed against the judgment-debtors/petitioners herein.

2. THE petitioners who are some of the judgment-debtors appeared in the said proceeding and filed an application by inviting the learned Executing Court to convert the decree-holders, said application under Rule 208 of the Civil Rules and Orders to an application under Order 21 Rule 97 of the Code of Civil Procedure, as according to the petitioners, Rule 208 of the Civil Rules and Orders cannot be invoked when allegations regarding offering of resistance to the execution of the decree is made in the application against any specified and particular obstructer. THE petitioners also prayed for issuance of notice relating to the said proceeding under Rule 208 of the Civil Rules and Orders to all the judgment-debtors, as according to the petitioners, such proceeding cannot be concluded without service of notice of the said proceeding upon all the judgment- debtors.

The learned Executing Court rejected the petitioners' said application by the impugned order dated 13th December, 2007.

3. THE petitioners are aggrieved by the said order. Hence the petitioners have come before this Court with this application under Article 227 of the Constitution of India for challenging the said order.

4. HEARD Mr. Mukherjee, learned Advocate appearing on behalf of the petitioners and Mr. Mallick, learned Advocate appearing on behalf of the opposite parties.

Let me now consider as to how far the learned Executing Court was justified in passing the impugned order in the facts of the instant case.

5. THERE are various provisions under which police help can be granted in aid of execution depending on various circumstances. Police help can be granted under Order 21 Rule 97 of the Code of Civil Procedure. Such police help can also be granted under Rule 208 of the Civil Rules and Orders of the High Court, Calcutta. The scheme for grant of police help under Order 21 Rule 97 of the Code of Civil Procedure is enumerated in Order 21 Rule 97 of the Code of Civil Procedure. The said provision contemplates that where the holder of a decree for possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person obtaining possession of the property, he may make an application to the Court complaining such resistance or obstruction. The said provision also makes it clear that where any application is made under sub-section (1), the Court shall proceed to adjudicate upon the said application in accordance with the provision contained in the Code of Civil Procedure. The question which can be considered in such a proceeding has been enumerated in Order 21 Rule 101 of the Code of Civil Procedure. How an order is to be passed after such adjudication is made, is provided in Order 21 Rule 98 of the Code of Civil Procedure. The consequence for passing of such order under Order 21 Rule 98 is provided under Order 21 Rule 103 of the Code of Civil Procedure which provides that the order which will be passed under Order 21 Rule 98 will be a deemed decree and be subject to the same condition as to an appeal.

6. RULE 208 of the Civil RULEs and Orders of the High Court, Calcutta also provides for grant of police help on an application filed by the decree- holder, supported by affidavit, if necessary. Once such an application is filed, the Court may further by examining the decree-holder or such other person as it thinks fit touching the necessity of police help and if on consideration of all the facts and circumstances, the Presiding Judge is of clear opinion that there are reasonable ground to suppose that execution will not be effected without causing serious danger to public peace, he may, after recording his reasons for so doing, make a request to t