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1979 Supreme(Gau) 18

K.LAHIRI
Tapan Chandra Deb Barma and others – Appellant
Versus
Dulal Chandra Deb Barma and others – Respondent


Advocates Appeared:
B.C. Deb Barma, P.K. Majumder and S. Saha, M.C. Deb Roy, P. Deb Roy and A. Deb Nath

Judgement

I propose to dispose of the two civil revisions as they involve common questions of law touching the jurisdiction of the appellate Court to hear appeals arising out of an order under Section 47, Civil P.C. passed on or after 1-2-1977.

2The petitioners are Judgement-Debtors. Dulal Chandra Deb Barma instituted Title Suit No. 10 of 1956 and obtained a decree. The Judgement-Debtors preferred abortive appeals. No further appeal was taken. The decree-holder plaintiffs took preliminary steps for preparation of the decrees, after their preparations execution proceedings were started. On registration of the Execution Cases notices were issued on the Judgement-Debtors who appeared and filed separate sets of objections under Section 47 of the Civil P. C. As such two Misc. Cases stemmed before Shri B.K. Bhattacharjee, Subordinate Judge, Tripura West at Agartala : (1) Civil Misc. Case No. 24 of 1974 (connected with Civil Revision No. 2 of, 1978) and (2) Misc. Case No. 26 of 1975 (connected with Civil Revision No. 3 of 1978). The objections of the petitioners were heard by the learned Subordinate Judge who by a common order dated 29-4-1977 held that the execution of the decrees could no





















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