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1998 Supreme(Gau) 357

D.N.CHOWDHURY
Gajendra Kumar Dhar – Appellant
Versus
Nanigopal Ghosh and Ors. – Respondent


Advocates Appeared:
T.K.Deb, I.Chakraborty, D.K.Biswas, A.K.Bhowmik

This revision petition has arisen out of and is directed against the judgment and order dated 21.9.95, passed by the learned Assistant District Judge, North Tripura, Kailashahar in Misc Case No.8 of 1995 arising out of Execution Case No. (T) 1 of 1994. The aforesaid order dated 21.9.95, was passed on an application which was submitted by the petitioner, Gajendra Kumar Dhar, before the Assistant District Judge, North Tripura, Kailashahar under section 47 read with section 151CPC questioning the executability of the decree passed by the learned Munsiff, North Tripura, Kailashahar in Title Suit No.81 of 1962.

2. Mr. AK Bhowmik, learned senior counsel appearing on behalf of the petitioner, Gajendra Kumar Dhar, in this proceeding questioned the competence of the learned executing Court for entertaining the execution proceeding which was per se time barred. Mr. Bhowmik, the learned senior counsel, after pointing to the Schedule of the plaint as well as that of the decree, submitted that in the absence of Cadestral Survey, Khatian Number, Plot Number and Holding Number of the suit land, it would not be possible to identify the decretal land and on that count alone, the decree became unexec




















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