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CALCUTTA HIGH COURT
Asoka Kumar Roy Chaudhuri, a minor, by his guardian and mother Sarashi Bala Chaudhuri - Appellant
Versus
Khettramoni Dasi, Chintamoni Dasi - Respondent
Rule No. 706 of 1898
Decided On : 12-05-1898
Civil Procedure - Order Dismissing Execution Case - Review - Sections 623 and 647, Civil Procedure Code
Fact of the Case:
The decree-holder's execution case was dismissed in default, and an application for review was refused as not maintainable.
Finding of the Court:
The court held that the scope of Section 623 of the Civil Procedure Code is wide enough to admit of the review of an order dismissing an execution case, and that the explanation to Section 647 is inapplicable.
Issues: Whether an order dismissing an execution case can be reviewed under the Civil Procedure Code.
Ratio Decidendi: The court relied on the precedents in Ramu Rai v. Dayal Singh and Hajrat Akramnissa Begum v. Valiulnissa Begum, which indicated that orders passed in execution cases may properly form the subject of review.
Final Decision: The court made the rule absolute, set aside the order of the lower court, and directed that the review be heard and determined on its merits.
JUDGMENT
1. The decree-holder's execution case was dismissed in default, and an application for review was refused as not maintainable. We think that the scope of sec. 623 of the CPC is wide enough to admit of the review of an order dismissing an execution case, and that the explanation to sec. 647 is inapplicable. The Judges who decided the cases of Ramu Rai v. Dayal Singh I. L. R. 16 All. 390 and Hajrat Akramnissa Begum v. Valiulnissa Begum I. L. R. 18 Bom. 429 indicated that in their opinion orders passed in execution cases might properly form the subject of review. We accordingly make the rule absolute, set aside the order of the lower Court and direct that the review be heard and determined on its merits.
2. The Petitioner will pay his own costs. Rule made absolute.
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