Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
On The Death Of Hari Prasad Dowerah His Legal Heirs Namely Sri Amrit Dowerah S/o. Late Hari Prasad Dowerah – Appellant
Versus
Tata Tea Ltd. – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. S Sahu, the learned counsel appearing on behalf of the petitioner. Mr. NC Das, the learned senior counsel assisted by Ms. M Devi, the learned counsel appears on behalf of the respondents.
2. The petitioner has approached this Court by invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the order dated 12.12.2024 passed in Title Execution Case No.05/2019 by the Court of the learned Civil Judge (Junior Division), Naharkatia, Dibrugarh (hereinafter referred to as, ‘the learned Executing Court’).
3. For the purpose of deciding, as to whether, this Court should exercise its revisional jurisdiction in respect to the impugned order dated 12.12.2024, it is relevant to take note of the brief facts which led to the filing of the instant proceedings.
4. The respondent No. 2 herein had filed a suit being Title Suit No. 23/1975 against the grandfather of the petitioner, who was one Tankeshwar Dowerah (since deceased). The case of the respondent No. 2 in the said suit was that the respondent No. 2 was the owner of the quarter situated at Old Staff Line at Naharkatia Tea
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.
The executing court is bound by the decree's terms and cannot entertain objections that do not pertain to jurisdiction, even if the decree is allegedly erroneous.
The executing court cannot go behind the decree unless it is a nullity, and re-agitating objections already dismissed in a previous petition would amount to an abuse of process of law.
Executing Court cannot dismiss execution case on technical grounds.
Objection to execution of decree must be raised at appropriate stage.
The transferee of property can execute a decree without a separate assignment of the decree as per the amended provisions of the Code of Civil Procedure, 1908.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
