SHRI AJOY KUMAR DAS, SON OF LATE ARINI MOHAN DAS, RESIDENT OF RATIABARI Vs. SHRI CHANCHAL KUMAR DAS, SON OF LATE PRAMESH CHANDRA DAS @ RAMESH CHANDRA

JUDGEMENT

(1.) Heard Mr. G.K. Nama, learned counsel appearing for the appellant.

(2.) This is an appeal under Sec. 100 of Civil Procedure Code questioning the legality of the judgment dated 14.12.2015 delivered in Title Appeal No. 06 of 2015 by the District Judge, Unakoti Judicial District on affirming the judgment dated 30.03.2015 delivered in Title Suit No. 09 of 2014 passed by the Civil Judge (Senior Division), Kailashahar, Unakoti Judicial District.

(3.) Earlier, the suit being Title Suit No. 08 of 2011 was instituted for declaration of exclusive right, title and interest over the suit land measuring 0.10 acre as described in the schedule of the plaint and for recovery of the said land evicting the defendants. The suit was decreed and thereafter the decree was put in the execution. In the execution proceeding, the appellant filed an objection under Sec. 47 of the CPC raising the plea that the decree cannot be executed for not impleading the proforma defendant No. 4 of the suit being Title Suit No. 09 of 2014. The executing court having the competence to adjudicate the said issue, in view of Sec. 47 of the Civil Procedure Code which clearly provides that all questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determine by the Court executing the decree and not in a separate suit. It further provides that where a question arises as to whether any person is or not the representative of a party, such question shall, for the purpose of this section, be determine by the Court.