FAZAL KARIM Vs. RAHIMA KHATOON

JUDGEMENT

(1.) THIS application is at the instance of the judgment debtor and is directed against the Order No.28 dated August 12, 2010 passed by the learned Judge, Small Causes Court, Calcutta, 5th Bench in Misc. Case No.328 of 2006 arising out of Ejectment Case No.109 of 2006.

(2.) THE short fact necessary for the purpose of disposal of this application is that the plaintiffs / opposite parties herein obtained a decree of recovery of possession ex parte in respect of the premises as mentioned in the application for execution. That decree was put to execution in the year 2006 and the execution of the decree was resisted. THE decree-holders filed a misc. case being Misc. Case No.328 of 2006 for rendering police help. At that time, the judgment debtor appeared and filed an application under Order 9 Rule 13 of the C.P.C. and the said application was converted into the Misc. Case No.96 of 2007.

(3.) THE judgment debtor did not appear. It is the contention of the petitioner that the judgment debtor resides in Kabul, Afganistan and that he is 85 years age. THE doctor has given certificate to the effect that the judgment debtor is not in a position to travel at this moment. Apparently, the judgment debtor did not appear on health ground supported by a medical certificate. But in consideration of the doubt expressed by the learned Trial Judge on the pre-text of the decree-holder that the judgment debtor did not file the said application, I hold that the order is justified.