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CALCUTTA HIGH COURT
A. N. Banerjee, J
Judgment-Debtor Appellant – Appellant
Versus
Union Carbide India Ltd. – Respondent
| Table of Content |
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| 1. the appeal regards the execution of possession relating to a compromise decree. (Para 1 , 2 , 4) |
| 2. the maintainability of the application under sections 47 and 151 hinges on jurisdiction issues. (Para 3 , 7 , 8) |
| 3. the court found that the prior compromise decree lacked jurisdiction and was a nullity. (Para 5 , 6 , 12) |
| 4. the legal validity of compromise decrees relies on adherence to relevant procedural laws. (Para 10 , 11) |
| 5. the decision restores possession and sets aside earlier judgments. (Para 13 , 14) |
1. This appeal is preferred by the judgment - debtor appellant against a judgment and order of affirmance rejecting his application under S.47 and S.151 of the Civil Procedure Code in an execution case started by the decree - holder for taking delivery of possession of the disputed property.
2. In a suit filed, inter alia, on the ground of building and re - building by the respondent Union Carbide India Ltd., for rejecting the judgment - debtor a compromise petition was effected under which the judgment - debtor agreed to deliver vacant possession of the disputed premises in parts to the decree - holder from time to time on different dates. Although possession o
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