UNION OF INDIA & ANR Vs. KAPANI BROTHERS

JUDGEMENT

(1.) Heard the learned Counsel for both the parties.

(2.) In the instant revisional application under Article 227 of the Constitution of India, Union of India & Ors., the petitioners herein, assailed the Order dated 11th December, 2012 passed by the learned Civil Judge (Senior Division), 9th Court, Alipore in Misc. Case No. 1 of 2008 arising out of Title Execution Case No. 7 of l993. Initially learned court below disposed of the claim of the opposite party herein in a proceeding under Section 14(2) of the Artibration Act and that proceeding was concluded by way of passing a decree in favour of the plaintiff (i.e., the opposite party herein) and the defendant/Union of India (i.e. the petitioner no. 1 herein) was directed to pay a sum of Rs. 2,42,404.08p in terms of the decree coupled with interest on the decretal amount at the rate of 17% per annum from the date of that order i.e. (8th day of August, l990) till the date of realisation of the decretal dues.

(3.) Being aggrieved by such order, the Union of India filed an application under Section 152 of the Code of Civil Procedure for correction of the decretal award with interest and that application was allowed on consent, due correction was made and the decree was drawn up accordingly. The original opposite party, O.K. Kapani, being the sole proprietor, filed the execution proceeding for execution of the order and decree dated 8th August, l990 and 11th September, l990 respectively. Subsequently, the original proprietor died leaving four married daughters and three sons but one Rajit Kapani claiming himself to be one of the legal heirs of the previous sole proprietor undertook to submit Power of Attorney in his favour and one Sarabjit Kapani to act on behalf of the other heirs in respect of the properties left by the said original proprietor but no such document was filed showing authorisation by way of Power of Attorney.