BEGUM MINU MALIK Vs. MD. NIJAMUDDIN AND ORS.

JUDGEMENT

(1.) This application is directed against the order dated February 20, 2010 passed by the learned Civil Judge (Senior Division), Malda in Misc. Case No. 57 of 2008 arising out of the O.C. Execution Case No. 15 of 2006.

(2.) The short fact is that the Plaintiff/decree -holder/opposite party herein filed an application for execution of a decree for specific performance of contract of the premises in suit as described in the schedule of the plaint and the Petitioner is contesting the said execution proceeding. He filed an application under Sec. 47 of the Code of Civil Procedure contending, inter alia, that a judgment debtor/opposite party of the application is one of the Directors of the Defendant company and there are other two Directors. Those two directors have not been made party to the suit. Moreover, there was No. resolution in the general meeting as to sale of the suit premises. Moreover, proper stamp duty has not been paid over the valuation of the suit property and as such, the decree is not valid. That application was converted into the Misc. Case No. 57 of 2008 and by the impugned order, the learned Trial Judge has dismissed the said misc. case. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.