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1975 Supreme(Gau) 6

M.C.PATHAK
Budhai Nepal Chandra Lalit Moban Saha Firm and another – Appellant
Versus
Sudhangshu Ranjan Dev and others – Respondent


Advocates Appeared:
P. Choudhary and C.R. De, S.K. Sen and S.S. Dey

Judgement

ORDER:- This revision petition is directed against the order dated 30-9-1972 by which the learned Sadar Munsiff No. 1, Silchar has set aside the ex parte decree dated 18-5-1965 passed in Money Suit No. 323 of 1964 and the execution proceedings in pursuance thereof.

2. The facts leading to this petition may briefly be stated :

3. Petitioner No. 1 M/s. Budhai Nepal Chandra Lalit Mohan Saha firm (registered) instituted Money Suit No. 323 of 1964 against opposite parties Nos. 1, 2, 3, 4 and petitioner No. 2 described as Proprietor, of M/s. Jayatara Stores, for realisation of an amount of Rs. 1,866.45 (P) in the Court of the Sadar Munsiff at Silchar. The suit was decreed ex parte on 18-5-1965. Properties of the defendants-judgment debtors were attached and sold in Money Execution Case No. 80 of 1965 on 22-2-1966 and the plaintiff decree-holder purchased the same with the permission of the Court. Delivery of possession of the properties purchased were also taken through Court on 26-4-1966. At the time of sale of the properties in question opposite parties Nos. 5 and 6 were in possession. It is stated that opposite parties Nos. 5 and 6 were tenants in respect of the properties in q


























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