Calcutta High Court (Appellete Side)
Rajani @ Rajni Tandon vs Dulal on 21 June, 2010
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1 7 21.6.10
C.O.1606 of 2010 sn RAJANI @ RAJNI TANDON VS. DULAL RANJAN GHOSH & ORS.
Mr. A.K. Chowdhury ..for the petitioner Mr. Amit Pan Mr. P.P. Mukherjee ..for the O.P.1 Affidavit of service filed in Court today be kept with the records.
This revisinal application is filed by the petitioner/decree holder assailing the order no. 13 dated April 17, 2010 passed by the learned 8th Court, Civil Judge (Senior Division) at Alipore in Misc. Case No.1204 of 2009.
It is submitted by the learned Advocate appearing for the petitioner/decree holder that the decree has already reached its finality and put in the execution. At this stage, an application under Section 47 of the Code of Civil Procedure has been filed by the opposite party no.1/judgement debtor. At this stage, the order passed under Order 18 Rule 4 of the Code of Civil Procedure is not maintainable.
Having heard learned Counsel appearing for the respective parties as also taking into consideration the facts and circumstances of this case I find that the matter is fixed for hearing 2 on July 3, 2010. The learned Court below is directed to decide the objection of the petitioner/judgement debtor on the next date of hearing.
This revisinal application stands disposed of. There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debasish Kar Gupta,J) 3 4