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ROBIN PHUKAN
Duken Kato S/o. Late Gumdo Kato – Appellant
Versus
Nyage Kato S/o. Late Minya Kato – Respondent
JUDGMENT :
1. Heard Mr. M.Pertin, learned Senior Counsel, assisted by Ms. T.Y. Bhutiya learned counsel for the petitioner. Also heard Mr. T. T. Tara, learned counsel for the respondent.
2. This Civil Revision Petition, under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 read with Section 115 of the Code of Civil Procedure is preferred by the petitioner against the Judgment and Order dated 23.03.2015 in Execution Case No. 36/2012, passed by the learned Chief Judicial Magistrate -Cum- Civil Judge, (Sr. Division) Aalo.
3. The background facts’, leading to filing of this petition is adumbrated herein below:-
Point of Law : A person, including a stranger, could maintain a petition under Rule 97 of Order XXI and object and get adjudication when he sought to be dispossessed by the decree holder. The express....
The main legal point established in the judgment is that the objections raised by the JDrs. regarding the executability of the decree, including issues of limitation, maintainability, and subsequent ....
An ex parte decree that is cryptic and non-compliant with procedural requirements cannot be executed; necessary amendments to parties and relief sought must be pursued to validate execution.
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