GOPALAN VIKRAMAN NAIR Vs. TARANATH DEY SARKAR

JUDGEMENT

(1.) The order dated 28-4-1981 passed by Sri A. K. Chatterjee, Judge. City Civil Court in Misc. Case No. 1429 of 1979 rejecting the application under Order 21, Rule 106 has been challenged under the present revision.

(2.) The decree for ejectment obtained by O. P. against one Narayan Prasad Ghosh was put into execution by Ejectment Execution Case No. 379 of 1979. The execution of the decree being resisted the decree-holder filed an application under Order 21, Rule 97. C. P. Code for police help, which was allowed on 21-2-1981.

(3.) The petitioner wanted to have the said order set aside by an application under Order 21, Rule 106. It is observed by the learned Judge that the petitioner entered appearance in the proceeding, cross-examined one of the witnesses for the petitioner and thereafter retired from the proceeding. Accordingly, it was held that the application under Order 21, Rule 106 was incompetent. In the result it was reiected.