SUNDARLAL & SONS Vs. CHATTERJEE POLK PRIVATE LIMITED

JUDGEMENT

(1.) THE GA No.2354 of 2009 dated August 24, 2009 has been filed by one Asim Guha Thakurata under s.47 CPC.

(2.) THE decree -holders instituted EC No.55 of 2009 for execution of the decree passed in the suit (C.S.No.431 of 1997) on January 4, 1999 and Asim has filed the GA questioning the executability of the decree.

(3.) MR Sarkar has submitted that in view of a division bench decision of this court in Rubiren Engineering Corporation v. Abhoy Singh Surana & Ors., 1998(2) CHN 8, Asim, though a third party to the suit, can maintain the s.47 application.