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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Om Prakash Chabra – Appellant
Versus
Bijay Kumar Sarawgi S/o Late Rikhab Chand Sarawgi – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. It has been pointed out that so far as Opposite Party No. 2 is concerned he is performa-Opposite Party.
2. Heard Mr. Amit Kumar Das, the learned counsel appearing on behalf of the petitioner as well as Mr. Shashank Shekhar, the learned counsel appearing on behalf of the Opposite Party No. 1.
3. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 23.07.2024 passed by learned Additional Civil Judge, Jr. Division, Ranchi in Execution Case No. 04 of 2020 whereby the objection filed by the petitioner under Section 47 of the CPC has been rejected.
4. Mr. Amit Kumar Das, the learned counsel appearing on behalf of the petitioner submits that the Opposite Party no. 1 had initially instituted a civil suit for eviction of the petitioner being Eviction (Title) Suit No. 52 of 2016 and by the judgment dated 23.04.2014 passed by learned Additional Munsif-II, Ranchi, the said suit was decreed in favour of the O.P. No. 1. He further submits that aggrieved with the said judgment, the petitioner has moved in Civil Revision No. 16 of 2014 in which the trial court records were called for on 30.11.2018 and the sa
A fresh execution case can be filed within the limitation period even after the dismissal of a restoration petition for a previous execution case, as per the provisions of the CPC.
The dismissal of an execution case for default does not prevent the filing of a subsequent execution case within the limitation period.
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 principle of 'interest reipublicae ut sit finis litium' - there should be a limit to the litigation.
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.
The executing Court cannot go behind the decree and must execute it according to its tenor, and cannot entertain objections to the decree's correctness in law or on facts, unless it is a nullity or p....
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 ....
A person claiming independent right, title or interest in the property can resist delivery of possession even by filing an objection under Order 21 Rule 97 CPC in the executing court itself and if th....
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