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2008 Supreme(Gau) 813

B.D.AGARWAL
Pannalal Ghosh – Appellant
Versus
Sunit Das – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: S.P. Dutta, Purakayastha and D.K. Biswas, Advs.
For Respondents/Defendant: P. Chakraborty, S. Deb and S. Choudhury, Advs.

JUDGMENT

B.D. Agarwal, J.

1. This revision application under Section 115 of the Code of Civil Procedure (briefly 'Code of Civil Procedure') has been filed by the Plaintiffs/decree holders assailing the legality and the correctness of the order dated 8-12-1999 passed by the Civil Judge, Sr. Division, North Tripura, Kailashahar in Execution (T)09 of 1999, whereby the executing court has frustrated the attempt of the Petitioners to get the decree passed in the year 1960 executed under the garb of amendment of the said decree by the trial court in the year 1990. By the impugned order, the learned Civil Judge has dismissed the execution petition on two counts. Firstly, it has been held that the decree dated 21.11.1960 is now un-executable as the same is barred by limitation Secondly, the decree dated 21.11.1960 passed on the basis of original judgment dated 10.11.1960 was fully satisfied on 28.4.1964.

2. Heard Sri S.P. Dutta Purakayastha, learned Counsel for the Petitioners who are the legal heirs of the original decree holder, namely, late Akhil Chandra Ghosh. The Respondent Nos. 1 to 6 are the legal heirs of the original tenant of the Plaintiff, namely, late Basanta Kumar Das. They are r














































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