GITA DEVI MARULIA Vs. ASANSOL MEDICAL CENTRE

JUDGEMENT

(1.) This instant revisional application under Article 227 of the Constitution of India depicts a very tragic story of the petitioner/plaintiff. In the learned Court below she got an ex parte decree. The present opposite party/defendant filed an application under Order IX Rule 13 for setting aside the said ex parte decree before the learned Court below, which was rejected by the learned Court concerned. Feeling aggrieved at it the present opposite party/defendant filed miscellaneous appeal before the Learned Civil Judge (Senior Division) Asansol bearing Miscellaneous Appeal No. 9 of 2011 and they lost the case. They moved before the Hon'ble Court and filed a revisional application which was also dismissed. Up to this stage the petitioner/plaintiff was successful.

(2.) In 1994 the petitioner/plaintiff had filed a Title Execution Case bearing No. 12 of 1994. By order dated 11.02.2013 the Learned Civil Judge (Junior Division) 1st Court, Asansol has dropped the execution case holding that the decree is in executable.

(3.) Challenging the said finding of the Learned Court below the petitioner/plaintiff has come before this Court for her redress. Learned Counsel appearing on behalf of the petitioner has submitted that the order of the learned Court below has got no basis, as the learned Court below failed to appreciate the position of law. According to him, the reason given by the learned Court below is such that the petitioner/plaintiff prayed for a declaratory suit as well as a permanent injunction restraining the defendant Nos. 1 and 2 from entering into and making any construction in the 'B' schedule property but the petitioner/plaintiff did not pray for recovery of 'khas' possession in the plaint. He submits that the learned Court below could have given consequential relief i.e. 'recovery of khas possession'.