SMT. NIVA DAS Vs. SRI JOGANANDA DAS

JUDGEMENT

(1.) This revisional application under section 115 of the Code of Civil Procedure is at the instance of some of the judgement debtors and is directed against order No. 80 dated Aug. 22, 1992 passed by the learned Assistant District Judge, Burdwan in Miscellaneous Case No. 80 of 1991 arising out of Title Execution Case No. 10 of 1981 thereby dismissing an application under section 47 of the Civil Procedure Code.

(2.) A suit for partition filed by the opposite party No. 1 was decreed in preliminary form thereby declaring his 8 annas share in the suit property. In the final decree procedding, the Commissioner for partition suggested that the defendants including the present petitioners would pay a sum of Rs. 6,000.00 to the opposite party No. 1 as owelty money within six months from the date of acceptance of report failing which the portion allotted to the defendants out of Plot No. 7527 should form part of the plaintiffs allotment on his payment of the said amount. The said report was accepted by the court and the same formed part of the final decree.

(3.) The defendants having failed to deposit the said sum of Rs. 6,000.00 within the stipulated period of six months, the opposite party No. 1 put the said decree into execution thereby giving rise to the aforesaid execution case.