SANTILATA PAUL Vs. NANDA KISHORE MUKHERJEE

JUDGEMENT

(1.) The landlord opposite parties Nos. 1 to 4 filed an execution case after they had obtained an ex parte decree for ejectment in Title Suit No. 303 of 1974. Resistance was offered and thus they filed an application according to the provisions of Rule 97 of Order 21 of the Code of Civil Procedure. They asked for eviction of the occupants with police help. That Misc. Case was allowed. Hence this revisional application.

(2.) It has been contended on behalf of the petitioners that the learned Munsif made a mistake in not entering into the merits of the case. It was not a summary investigation. Moreover, in view of the provisions of Order 21, Rule 104 of the Code, it is not necessary to file any appeal. The revisional application is maintainable.

(3.) The learned Advocate appearing on behalf of the opposite parties has maintained the contrary.