NIRMAL BHATTACHARYA Vs. PIJUSH KUMAR BASAK

JUDGEMENT

(1.) The revisional application arises out of an order dated February 8, 2022 passed in Misc Case No.19 of 2021, by the learned Civil Judge, (Senior Division) 2nd Court at Barasat.

(2.) The application under Sec. 47 of the Code of Civil Procedure filed by the petitioner in Title Execution Case No.35 of 2017, arising out of judgment and decree passed in Title Suit No.141 of 2013, was rejected.

(3.) The petitioner, as the judgment debtor, contended that he was not aware that the suit had proceeded. Summons were not received from the transferee court regarding analogous trial of the two suits. Only when summons of the execution case were served, the petitioner realized that the Title Suit No.141 of 2013 had been decreed. Hence, a prayer for rejection of the execution case was made.