BIDHAN BASAK Vs. MANAS GUHA

JUDGEMENT

(1.) The instant second miscellaneous appeal is directed against an order dated 14th February, 2006 passed by the learned lower appellate court on an application under Order 21 Rule 97 of the Code of Civil Procedure (deemed decree) in a proceeding for execution of a compromise decree which was registered as Miscellaneous Appeal No.40 of 2005.

(2.) At the outset, it is made clear that the appeal was previously heard on 28th March, 2019. Then the record was misplaced and was not placed before me in spite of through search. Subsequently, on 29th November, 2019, the record was found from the department. Today, the matter was listed and heard and taken up for delivery of judgment.

(3.) By passing the order impugned in Miscellaneous Appeal No.40 of 2005, the learned Judge in First Appellate Court affirmed the order dated 26th August, 2005, passed by the learned Judge, 5th Bench, Presidency Small Causes Court at Calcutta in Miscellaneous Case No.69 of 2000. It is pertinent to mention that the said misc case arose out of an application under Order 21 Rule 97 of the Code of Civil Procedure filed by the assignee of the decree holder praying for police help to execute a compromise decree passed in Ejectment Suit No.600 of 1981.