PALTU DUTTA Vs. S M NIBEDITA ROY

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dt. 26-789 passed by Additional District Judge, 6th Court, Alipore and order Nos. 81 and 82 dated 23-6-89 passed in Title Execution Case No. 11 of 1981 by the 1st Additional Court of Munsif, Alipore.

(2.) The petitioner filed a petition under O.1 R.10 C.P.C. for addition as a party judgment debtor in Title Execution Case No.11 of 1981 pending before the Munsif and filed another petition of objection against the execution of the decree under. S.47 C.P.C. The executing court rejected the petition under S.47 C.P.C. It further held that the petition under S.47 C.P.C. and the prayer for staying the execution petition can no more survive the rejection of the petition under O. 1 R. 10 C.P.C.

(3.) The petitioner moved in revision under S.115A C.P.C. which has been incorporated in the body of the Code by West Bengal Act XV of 1988. The Additional District Judge in revision upheld the decision of the Munsif that the petition under O.1 R.10 C.P.C. had been correctly rejected. But in rejecting the revisional application he made no observation with respect to the Munsif's order rejecting the application under S.47 C.P.C. Presumably according with the learned Munsif that since the petitioner could not figure as a party judgment debtor the objection under S.47 C.P.C. was not maintainable.