RATNESWAR MITRA Vs. BIRENDRA NATH GHOSE

JUDGEMENT

(1.) This Rule was obtained by the decree -holder against an order of the learned Subordinate Judge, refusing his application for revival of or continuation of his execution case. The application arose under the following circumstances:

(2.) The decree -holder, in or about the year 1956, obtained an attachment of a certain immoveable property in execution of the present decree, in Money Execution Case No. 29 of 1956. Thereafter, in the said Execution Case, there was a claim, filed by the judgment -debtor's wife to the said attached property and, by the order of the executing Court dated October 30, 1957, that claim was allowed. On November 6,1957, the Court recorded the following order under the heading - -'Money Executor T" -Case No. 29 of 1956'. The Misc. Case having been allowed the Execution Case cannot proceed. The stay order dated 7th January, 1957, is vacated. Decree -holder to take step, if any, by 23rd November, 1957.

(3.) Thereafter, in its following order, dated November 20, 1957, the Court observed as follows: