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1929 Supreme(Cal) 455

PANTON, B. B. GHOSE
Dwijendra Krishna Dutt – Appellant
Versus
Kedar Nath Poddar – Respondent


JUDGMENT

B.B. Ghose, J. - This is an appeal by the judgment-debtors against an order of the Subordinate Judge reopening an execution proceeding on an application made by the decree-holder on 22nd March 1926. The ground on which the Court below has granted his application for reopening the execution proceeding and allowed him to execute the decree again for a sum of Rs. 2150-5-0, was that the decree-holder made a mistake in calculating the amount due to him under the decree and in stating in his petition dated 22nd March 1926 that the decree was satisfied on payment of Rs. 5,300 by the judgment-debtors on that date. The learned Subordinate Judge who was the predecessor of the Subordinate Judge who finally decided the case held that the Court had jurisdiction to reopen an execution proceeding on the ground of mistake on the authority of the case of Nil Ratan Khasnobish v. Ram Rutton Chatterji [1901] 5 C.W.N. 627 on which the respondent also relies in this Court in support of the judgment of the Subordinate Judge. The Subordinate Judge who decided the case finally went into the question as to how much was due to the decree-holder on 22nd March 1926 on account of the decree that he had

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