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1996 Supreme(Cal) 157

NRIPENDRA KUMAR BHATTACHARYA
In re : Sm. Raj Kumari Ghosh – Appellant
Versus
Pradip Roy – Respondent


Advocates Appeared:
For the Petitioners: Mr. Asoke Kr. Sen Gupta and Samirendra Mohan Chowdhury.
For the Opposite Parties: Mr. Bhaskar Bhattacharjee and Harish Tandon.

JUDGMENT

The judgment of the Court was as follows :––

Heard the submission of the Learned Senior Advocate Mr. Asoke Kr. Sen Gupta being assisted by Mr. Samirendra Mohan Chowdhury and the Learned Senior Advocate for the Caveator-opposite parties, Mr. Bhaskar Bhattacharjee being assisted by Mr. Harish Tandon. Considered the materials on record.

2. The judgment debtors, as petitioners, by the instant revision, have challenged order No. 105 dated 1.3.96 passed in Misc. Case No. 1314/1986 which has been registered before the Learned Judge, 9th Bench, City Civil Court, Calcutta, upon an application under Order 21 Rule 97 of the C.P.C. read with Rule 208 of the Civil Rules and Orders, praying for police help on the ground that the decree could be executed because of resistance and there was apprehension of breach of peace. The said prayer has been granted by the Learned Judge by the order impugned and the judgment debtors have challenged that order in this revision.

3. In this back-drop Mr. Sen Gupta contended that there is no provision under Order 21 Rules 97 and 98 of the C.P.C. for granting police help and the same can be granted only under Rule 208 of the Civil Rules and Orders on fulfilm

















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