CHITRA ROY CHOWDHURY Vs. PARBATI SAHA

JUDGEMENT

(1.) THE propriety of an order being no. 114 dated 16. 4. 2008 passed by the learned executing Court in Misc. Case no. 144 of 2006 arising out of Ejectment Case no. 14 of 2003, is under challenge in this application under Article 227 of the constitution of India at the instance of the judgment debtor/petitioner. By the said order the petitioner's application under Section 47 of the Code of Civil procedure was rejected by the learned Executing Court on contest.

(2.) HEARD Mr. Chatterjee, learned Advocate appearing for the petitioner and mr. Banerjee, learned Senior Counsel appearing for the decree holder/opposite party. For proper appraisal of the merit of this revisional application, following facts are required to be taken note of :-

(3.) MR. Chatterjee, learned Advocate appearing for the petitioner submitted that while rejecting the petitioner's said application after remand, the learned executing Court again has not given any reason in support of his conclusion. By referring to the points of objection mentioned in the petitioner's application under Section 47 of the Code of Civil Procedure, Mr. Chatterjee submitted that not a single objection raised by his client therein, was considered by the learned Executing Court, while passing the impugned order. Non-consideration of the specific objections raised by his client, according to Mr. Chatterjee, is very serious in the said case, as according to him, any order passed in disregard of the order of remand can not be retained on record.