DIPALI BISWAS Vs. NIRMALENDU MUKHERJEE

JUDGEMENT

(1.) This revisional application has been preferred against the order dated 20th January, 2007 passed by the ld. Civil Judge (Junior Division), Bangaon in Misc. Case no. 15 of 2006 arising out of M. Execution case no. 2 of 1975.

(2.) It has been stated in the revisional application that one Rama Rani Debi filed a Money Suit being no. 16 of 1971 in the court of the Munsif, Bangaon against one Sasadhar Biswas for realisation of a sum of Rs.3,000/- from him. Said suit was decreed exparte on 25th July, 1974. Said money decree, for a sum of Rs.3000/-, was put into execution being Money Execution case no. 2 of 1975. Ultimately, in the said execution proceeding, 17 decimals of land, belonging to the judgment debtor Sasadhar Biswas was put into auction for satisfying the decretal amount. The auction sale was held on 30th May, 1979. In the said auction sale one Dulal Mukherjee and Sachin Mukherjee purchased the said land for Rs.5500/- out of which Rs.1500/- was deposited on 6/6/1979 and balance of Rs.4000/- was deposited on 13/6/1979.

(3.) The judgment debtor Sasadhar Biswas filed an application under Order XXI Rule 90 read with Section 151 of the Code of Civil Procedure for setting aside the said auction sale on the ground of patent illegalities. Said objection petition was recorded as Misc. Case no. 47 of 1979. In the said Misc. case the judgment debtor and auction purchasers jointly filed a compromise petition on 19/7/1980. It was stated in the said compromise petition that if the judgment debtor pay the dues by 15th of December, 1980, then the auction sale would be set aside. There was no mention of any particular amount in the said compromise petition. As per direction of the court, sherestadar of the court accounted the dues to the extent of Rs.3700/-. On the basis of the said accounting and pursuant to the order of the concerned court, the judgment debtor duly deposited the said amount of Rs.3700/- on 15th December, 1980 and consequently the Misc. case no. 47 of 1979 was disposed of in terms of the compromise petition, on 20/12/1990 on full satisfaction.