SRI JAGANNATH PRASAD SINGH Vs. JAYANTI MALI

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff/decree holder in a suit for ejectment and is directed against order dated August 28, 2017 passed in Title Execution Case No. 7 of 2016.

(2.) The plaintiff/decree holder in the execution case filed an application under Rule 208 of the Civil Rules and Orders to get the decree executed through police help. The said application has been dismissed by the learned Trial Judge on the ground that the plaintiff should have resorted to the provisions of Order 21 Rule 97 of the Code of Civil Procedure instead of Rule 208 of the Civil Rules and Orders.

(3.) The learned Trial Jude has totally failed to appreciate the scope of Rule 208 of the Civil Rules and Orders inasmuch as the decree holder is entitled to get the decree executed by police help under the said rule of the Civil Rules and Orders subject to fulfillment of the conditions of the said Rule.