KANAI LAL JANA Vs. PULIN BIHARI PATRA

JUDGEMENT

(1.) Re: C.O. 1205 of 2021 Affidavit-of-service filed in court today be kept on record.

(2.) The petitioner, being the decree-holder in an eviction suit, has preferred the instant application under Art. 227 of the Constitution of India against an order whereby an application under Sec. 47 of the Code of Civil Procedure filed before the executing court was allowed, thereby setting aside the decree.

(3.) Although several grounds were taken in the application under Sec. 47 of the Code, the application was allowed primarily on the ground of abatement of the suit in view of the demise of two of the defendants therein being defendant nos. 5 and 6, prior to disposal of the suit.