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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Babulal Chhajer S/o Late Birdhichand Chhajer – Appellant
Versus
On The Death Of Abdul Hai His Legal Heirs Gulanbandi – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr A C Sarma, the learned Senior Counsel appearing on behalf of the petitioner, assisted by Mr G Bharadwaj and Mr P Bhowmick, the learned counsel appearing on behalf of the respondents.
2. The revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 (hereinafter, referred to as “the Code”), has been invoked to challenge the order dated 20.08.2022, passed by the learned Court of the Munsiff No. 2, Goalpara (‘the learned Executing Court’), in Misc (Ex) No. 38 of 2018, whereby an application under Section 47 of the Code, filed by the respondents herein, was allowed, holding, inter alia, that the execution proceedings could not be maintained, inasmuch, as the Judgment and Decree dated 29.11.2001, in Title Suit No. 45 of 1973, was passed against the defendant, who was already dead on 25.06.2000.
3. This Court has duly taken note of the submission made by Mr A C Sarma, the learned Senior Counsel to the effect that, although the defendant Md Abdul Hai had expired on 25.06.2000, but then also his estate was duly represented by his wife, who was the defendant No. 1 (i), and as such, the impugned order requires to be interfered with. I
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