TAPAN KUMAR SHAW Vs. NAWAB DUTTA

JUDGEMENT

(1.) THE appeal and the civil revisional application have been moved against the same judgment and order passed on 28th May, 1999 by Shri A. Barua, Judge, 11th Bench, City Civil Court at Calcutta in two Misc. Cases being Misc. Case No. 2609 of 1997 and Misc. Cases No. 2185 of 1997. Misc. Case No. 2609 of 1997 arose out of an application filed by the decree holders Shri Tapan Kr. Shaw and Damodar Shaw under Order 21 Rule 97 of the Code of Civil Procedure read with Rule 208 of the Civil Rules and Orders for grant of police help for execution of the decree of eviction passed against the respondent No. 1 from the premises in question viz. permises No. 7 Old Court House Corner, Calcutta. But the real challenge is of the judgement debtor/respondent No. 1 Nawab Dutta who came to thwart the execution of the aforesaid decree for eviction by filing an objection under section 47 read with section 151 of the Code of Civil Procedure inviting the executing Court to hold that the decree being a nullity was void and, therefore, not executable.

(2.) BEFORE we proceed further, we may note that this case reminds us of the Privy Council dictum that "Trouble starts of the decree holder only after the decree is passed" which shall be squarely applicable to the facts of this case. Therefore, it is necessary for us to state the facts leading to filing of this appeal and the revisional application which are as follows :-

(3.) SUBSEQUENT to the passing of the aforesaid order of the Supreme Court dismissing the Special Leave Petition, a review application was made by the judgement-debtor/respondent No. 1 before the Supreme Court. The said review petition was also rejected by the Supreme Court on 1st day of October, 1997 by the following order :-