T SARWARI BEGUM Vs. NAZIR AHMED

JUDGEMENT

(1.) -This is to consider an application under Article 227 of the Constitution of India challenging the judgment and order dated September 3, 2002 passed by the learned Additional District Judge, Third Court, Howrah in Civil Revision Case No. 5 of 2001 affirming order dated December 18, 2002 passed by the learned Civil Judge (Junior Division), Third Court, Howrah in Miscellaneous Case No. 26 of 1992.

(2.) The predecessor-in-interest of the decree holders/opposite parties, Md. Idris, instituted Title Suit No. 215 of 1976, inter alia, for declaration of his title in respect of suit property and for recovery of possession. Ultimately the said suit has been decreed.

(3.) The decree holders put the decree into execution giving rise to Title Execution Case No. 23 of 1991 and Mstt. Sarwari Begum, the defendant No. 2 in the said suit, filed an objection under section 47 of the Code of Civil Procedure challenging the executibility of the decree, which was registered as Miscellaneous Case No. 26 of 1992 in the executing Court. The learned Civil Judge (Junior Division), Third Court, Howrah dismissed the said objection under section 47 of the Code of Civil Procedure holding, inter alia, that the pleas taken by the petitioner in the objection under section 47 of the Code of Civil Procedure could not be agitated again in the executing Court. Accordingly, the application under section 47 of the Code of Civil Procedure was rejected on contest with costs.