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1941 Supreme(Cal) 172

EDGLEY, BISWAS
Sm. Rajkumari Prafullanalini Dassi – Appellant
Versus
Mohini Mohan Dutt – Respondent


JUDGMENT

Edgley, J. - This appeal is directed against the order of Mr. S.C. Sen. Subordinate Judge of Nadia, dated 29th April 1939, by which he refused to re-open certain execution, proceedings on the ground that an order had been passed in these proceedings, namely Execution Case No. 159 of 1937, that the decree had been fully satisfied. Admittedly, the order in question was based on a mistake. It appears that in a previous Execution Case No. 242 of 1936, the sum of Rs. 1000 had been paid by one of the judgment-debtors to the pleader for the decree-holders who accordingly entered part satisfaction in respect of this payment in the execution case. Thereafter the agent of judgment-debtor 18 told the pleader for the' decree-holders that the execution case had actually been dismissed for default and the pleader relying on this statement entered satisfaction to the extent of Rs. 1000 in the suit. It subsequently transpired that Execution Case No. 242 of 1936 had not in fact been dismissed for default. The result was that, when the requisite entries were made in the suit register, these entries indicated that on 16th January 1937 the sum of Es, 2000 had been paid towards the satisfaction

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