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It is well-settled that, on the premise of the principle Actus Curiae Neminem Gravabit, the court can always rectify its own errors under its inherent power, as recognized by Section 151 of the Code.

Hence, the impugned order was passed not merely under Order XXI Rule 106 of the Code but more under its inherent powers.

In the circumstances, the impugned order cannot stand judicial scrutiny. Accordingly, C. O. No. 2367 of 2019 is allowed on contest, thereby setting aside the impugned order and restoring Ejectment Executing Case No. 115 of 2008, pending before the Judge, Fifth Bench, Small Causes Court at Calcutta. However, since the orders, from the dismissal of the execution case for default till date, were passed by the executing court, again by overlooking its own order of dismissal for default, it cannot be said that those were valid in the strict sense of the terms. As such, the orders passed in the meantime stand recalled. However, the executing court is directed to dispose of Ejectment Execution Case No. 115 of 2008, in view of dismissal of the title appeal in the meantime, positively within two months from the date of communication of this order to the executing court.