Calcutta High Court (Appellete Side)
Sri Jagannath Prasad Singh vs Mrs. Jayanti Mali & Ors on 4 February, 2019
Author: Biswajit Basu
Bench: Biswajit Basu
1 04,ML,Ct.21.
04.02.2019 AJ.
C.O. 3088 of 2017 Sri Jagannath Prasad Singh
-Vs-
Mrs. Jayanti Mali & Ors.
Mr. Dhiraj Trivedi, Ms. Abha Tiwari.
... for the petitioner.
Mr. Gautam Chakraborty.
....for the opposite parties.
The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff/decree holder in a suit for ejectment and is directed against order dated August 28, 2017 passed in Title Execution Case No. 7 of 2016.
The plaintiff/decree holder in the execution case filed an application under Rule 208 of the Civil Rules and Orders to get the decree executed through police help. The said application has been dismissed by the learned Trial Judge on the ground that the plaintiff should have resorted to the provisions of Order 21 Rule 97 of the Code of Civil Procedure instead of Rule 208 of the Civil Rules and Orders.
The learned Trial Jude has totally failed to appreciate the scope of Rule 208 of the Civil Rules and Orders inasmuch as the decree holder is entitled to get the decree executed by police help under the said rule of the Civil Rules and Orders subject to fulfillment of the conditions of the said Rule. 2 The condition for grant of police help to a decree holder to execute the decree under Rule 208 of the Civil Rules and Orders vis-a-vis grant of such relief to the decree holder under Order 21 Rule 97 of the Code of Civil Procedure has been elaborately discussed by the learned Single Judge of this Court in the case of Ajit Kumar Ray -Vs- Jnanendra Nath Dey & Ors. reported in AIR 1975 Cal 433.
The decree holder is entitled to get police help to execute the decree on an application under the said Rule 208 subject to fulfillment of all conditions of the said Rule. The application of the decree holder under the said Rule cannot be turned down on the ground that the decree holder has not applied for such help under the provisions of Order 21 Rule 97 of the Code of Civil Procedure, which is essentially different in it's scope.
In view of the discussion made above, the order impugned is set aside, by directing the learned Trial Judge to decide the application filed by the plaintiff/decree holder under Rule 208 of the Civil Rules and Orders afresh.
The defendants/judgment debtors are entitled to raise all objections available to them under the law to the said prayer of the plaintiff/decree holder.
With the above observation, the revisional application being C.O. 3088 of 2017 is disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. 3 (Biswajit Basu, J.)