SHAMSHER SINGH Vs. LT COL NAHAR SINGH

JUDGEMENT

(1.) This appeal has been filed against the Division Bench Judgment of Calcutta High Court in FMA No.720 of 2005, by which the appeal filed by the respondent No.1 has been allowed setting aside the order of Executing Court dated 10.08.2004 rejecting the application filed by respondent No.1 under Order XXI Rules 98, 99 and 100 of the Code of Civil Procedure (hereinafter referred to as "CPC").

(2.) Brief facts of the case giving rise to this appeal are:-

(3.) We have heard Shri Debal Banerji, learned senior counsel for the appellant and learned counsel appearing for the respondent.