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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
Safina Khatun, W/o. Md. Yunush Ali @ Eunusur Rahman – Appellant
Versus
Moinur Ali, S/o. Lt. Fulsha Seikh – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. B.D. Deka, learned counsel for the petitioners. Also heard Mr. J. Prakash, learned counsel for the respondents.
2. In this revision petition, under Section 115 of the CPC, the petitioners have challenged the correctness or otherwise of the order dated 06.06.2019, passed by the learned Civil Judge (Senior Division) No. 3, Kamrup(M), Guwahati, in Misc. Case No. 324/2019, arising out of Title Execution Case No. 2/2009, allowing an application filed by the respondents under Section 47, read with Section 151 of the CPC.
3. It is to be noted here that vide impugned order dated 06.06.2019, the learned Civil Judge (Senior Division) No. 3, Kamrup(M), Guwahati (‘executing Court’, for short) had held that the decree passed by the learned predecessor of that Court is not enforceable, being obtained by playing fraud upon the Court.
4. The background facts, leading to filing of the present petition, are briefly stated as under:
“The petitioners had filed one title suit, being Title Suit No. 324/2003, before the Court of Civil Judge (Senior Division) No. 3, Kamrup(M), Guwahati and the said suit was decreed, vide judgment and decree dated 18.09.2007. Thereafter, the
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 Executing Court must execute decrees as per their terms without questioning merits or introducing new factual disputes.
Executing Court cannot dismiss execution case on technical grounds.
The Executing Court's jurisdiction under Section 47 of the Code of Civil Procedure is limited to executability issues, and merit-based challenges to decrees are not permissible.
Objection to execution of decree – Running a separate miscellaneous proceeding under Section 47 of CPC is a misuse of process of court.
The court emphasized the limited grounds on which a decree is unexecutable and highlighted that the right of the Decree Holder to obtain relief is determined in accordance with the terms of the decre....
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