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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Shyamal Kanti Bagchi – Appellant
Versus
Mrinmoy Bagchi – Respondent
JUDGMENT :
Biswaroop Chowdhury, J.
This application is directed against order dated 31/08/2024 passed by Learned Civil Judge (Senior Division) Bongaon North 24 Parganas in Misc Case 08/2023. Learned Judge by the said order was pleased to dismiss the application under Section 47 of the Code of Civil Procedure on contest. The petitioner being aggrieved by the said order has come up with this application under Article 227 of the Constitution of India.
2. The case of the petitioner who is a judgment debtor in Misc Case No-08 of 2023 arising out of Title Execution No. 4 of 2022 is on the ground that the decree holders filed the Title Execution No. 04/2022 whereafter vide order dated 01.02.2023 direction was given to the decree holder for issuance of notice upon the judgment debtors and 21-02-2023 was fixed for steps. On the said date decree-holder did not take any steps for issuance of notice, rather, they filed an application for appointment of a survey passed Commissioner. The date of hearing the application was fixed on 09.03.2023. An adjournment was also sought for on 09.03.2023, the next date fixed was 04.04.2023. On 04- 04-2023 two applications praying for amendment of execution appl
The Executing Court's jurisdiction under Section 47 of the Code of Civil Procedure is limited to executability issues, and merit-based challenges to decrees are not permissible.
The appellate court can validate or invalidate a decree based on the jurisdiction exercised, distinguishing between errors within jurisdiction and those that constitute a nullity due to inherent lack....
The executing court's limited powers at the execution stage, the prohibition on questioning the validity of the decree, and the requirement to execute the decree as made.
Objection to execution of decree – Running a separate miscellaneous proceeding under Section 47 of CPC is a misuse of process of court.
The executing Court cannot go behind the decree and must execute it according to its tenor, and cannot entertain objections to the decree's correctness in law or on facts, unless it is a nullity or p....
Executing court cannot go behind final ex-parte decree or allow new documents absent due diligence; Article 227 supervisory jurisdiction limited to grave injustice, not re-appreciation of evidence.
An irregular judgment cannot be deemed a nullity and contested in execution; it must be challenged through proper legal channels, affirming that only decrees lacking inherent jurisdiction are non-exe....
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