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2000 Supreme(Ori) 443

L.MOHAPATRA
RAGHUNATH RAY – Appellant
Versus
MADHABANANDA MALLIK – Respondent


Advocates Appeared:
Mr. P. Kar, for the Appellant; Mr. B.H. Mohanty, for the Respondent

JUDGMENT :

L. Mohapatra, J. - This revision has been filed against the order dated 9-3-98 passed by the Civil judge (Senior Division), Bhadrak, rejecting the application filed by the petitioners u/s 47 read with section 151 of the Code of Civil Procedure.

2. The case of the petitioners is that a decree was passed against them by the Calcutta High Court in Suit No. 105 of 1983 and the said decree was transmitted to the court of the learned Civil Judge (Senior Division), Bhadrak for execution. It was contended on behalf of the petitioners that the decree was passed in the suit on 5-3-1984 and the decree having been sent for execution by the Calcutta High Court on 2-8-1996, the same is clearly barred by limitation and it cannot be executed. It was also contended that the decree is not executable against the petitioners in their individual capacity as the same has been passed against M/s. R. B. Trading Company.

3. An objection was filed on behalf of the opposite party stating that the suit had been filed in the Calcutta High Court under its Original Civil Jurisdiction praying for a decree of Rs. 1,39,473.63 p. against the petitioners and the suit having been decreed, petitioners are liabl












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