Dipali Biswas vs Nirmalendu Mukherjee

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 590

Dipali Biswas – Appellant
Versus
Nirmalendu Mukherjee – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Rauf Rahim, AOR
For the Respondent(s): Mr. Raja Chatterjee, Adv. Mr. Piyush Sachdev, Adv. Mr. Adeel Ahmed, Adv. Mr. SPM Tripathi, Adv. Mr. V K Shukla, Adv. Mr. Dhruv Toliya, Adv. Ms. Abhinandini Yadav, Adv. Ms. Swagoti Batchas, Adv. Mr. Satish Kumar, AOR

JUDGMENT :

V. Ramasubramanian, J.

1. Challenging the order of the High Court confirming the order of the Executing Court dismissing their application under Section 47 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘Code’), the legal representatives of the judgmentdebtor have come up with the above appeal. Incidentally, this litigation is exactly half a century old (it started with a suit filed in 1971) and this appeal arises out of the fifth round of litigation at the stage of execution of a simple money decree and we wish that it is the knock out round.

2. We have heard Mr. Rauf Rahim, learned counsel for the appellants, and Mr. Raja Chatterjee, learned counsel appearing for the respondent nos.17/auction purchasers.

3. One Ms. Rama Rani Devi, filed a simple suit for recovery of money in Money Suit No.16 of 1971 on the file of the District Munsif Court, Bongaon, District 24 Parganas, West Bengal, against one Sasadhar Biswas, for recovery of a sum of Rs.3000/. The suit was decreed ex parte on 25.07.1974, directing the defendant to pay the decretal amount in six equal instalments with a default clause.

4. Since the decree was not honoured, the decree holder filed