MADHABI DAY Vs. BASUDEB BAKULI

JUDGEMENT

(1.) - Heard the submission of the learned Senior Advocate for the petitioners Mr. S.P. Roy Chowdhury being assisted by the learned Advocates Mr. Sabina Kamal Mukherjee, Mr. Debasis Roy and Mr. Rabindra Nath Mahato and the learned Advocate for the opp. parties Mr. Sambhu Nath Roy being assisted by Mr. Amit Kr. Ghosh, Considered the materials on record.

(2.) The landlord decree-holder, by this revision under Art. 227 of the Constitution of India challenged a revisional order under section 115A of the CPC passed by the learned Additional District Judge, 9th court, Alipore, in C.R.No. 259/94 dated 2.2.96.

(3.) The point involved in this Case is that in the suit between the landlord and the tenant, the suit was decreed and in second appeal the judgment and decree of the trial court, was affirmed. Then the decree was put into execution and thereafter an application was made by the tenant judgment debtor under section 47 of the CPC and that application was rejected. Thereafter, the landlord-decree holder went to take possession of the property but was resisted followed by an application under order 21 rule 97 of the CPC. In that proceeding, the tenant-creditor wanted to put certain questions by recalling the landlord decree-holder. The learned Munsif passed order No. 110 dated 21.7.94 rejecting the prayer of the tenant debtor. The tenant-debtor came up in revision before the court of the learned Additional District Judge, 9th court, Alipore under section 115A of the CPC being Civil Revision Case No. 259 of 1994. The learned Additional District Judge allowed the revision and set aside the order of the learned Munsif, with a direction to give an opportunity to the opp. parties judgment-debtors to put question to witness Nandalal Pal in terms or the petition dated 21.5.94 and also to give opportunity to the parties to adduce further evidence and then to decide the case. This order gives rise to the present revision under Article 227 of the Constitution of India,