JASODA BAR AND ANOTHER Vs. KARTIK MALIK

JUDGEMENT

(1.) This revisional application is directed against Order No. 79 dated 16th March, 2013 passed by the learned Civil Judge (Junior Division), 1st Court, Diamond Harbour in Miscellaneous Case No. 06/2009.

(2.) Therefore, they could not ventilate their grievances before the execution case was filed on the basis of the final decree passed in the aforesaid suit. The opposite party filed written objection to the petitioners' application under Section 47 of the Code of Civil Procedure and agitated after the final decree was passed. The same cannot be entertained by the Court below. By the order impugned, the learned Court below has held that the application filed by the petitioner under Section 47 of the Code of Civil Procedure being Misc. Case No. 06/2009 cannot be entertained as the same is not maintainable. In support of rejection of the petition under Section 47 of the Code, the learned Court below has held that since preliminary and final decree have been passed, the petitioner cannot file an application under Section 47 of the Code of Civil Procedure. Section 47 of the Code of Civil Procedure is set out herein below :

(3.) Both the parties have given liberty to communicate the gist of this order or to communicate by a server copy of this order. The learned Court below will not be swayed in any way by any of the observations made by this Court while deciding the application under Section 47 of the Code of Civil Procedure.