PALTOO PRASAD Vs. STATE

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 14th March, 2007 passed by the Executing Court in Execution Case No.117 of 2005 by which the application filed by the petitioner-judgment debtor under Order 47 of the Code of Civil Procedure for permission to lead oral evidence was rejected. The petitioner has also sought the quashing of the judgment dated 21st September, 2011 by which the Revision filed by the petitioner for setting aside the aforesaid order has been dismissed.

(2.) It is stated that SCC Suit No.62 of 1972 was filed by the respondents-decree holder for eviction of the petitioner from the shop in dispute situated in District Azamgarh. The suit was decreed by the judgment and order dated 7th August, 2003. It is further stated that the decree holder filed Execution Case No.117 of 2005 in which the petitioner filed an application under Order 47 of the Code of Civil Procedure for permission to lead oral evidence. This application was rejected by the Executing Court for the reason that the Executing Court could not go behind the decree and the application was filed merely to delay the disposal of the Execution Case. The Revision filed by the petitioner against the said order has also been dismissed holding that all possible efforts were being made to delay the disposal of the Execution Case so much so that even an application had been filed for amending the Memo of Revision which application had been allowed.

(3.) The petitioner has not placed before the Court the order by which the Revision filed by the petitioner for setting aside the judgment passed by the Court of Small Cause was dismissed. The petitioner has also not made any reference to Writ Petition No.9748 of 2004 which had been filed by the petitioner against the judgments of the Court of Small Causes and the Revisional Court. This petition was ultimately dismissed as withdrawn by the judgment and order dated 24th November, 2004.