RAGHUNATH RAY Vs. MADHABANANDA MALLIK

JUDGEMENT

(1.) THIS revision has been filed against the order dated 9 -3 -98 passed by the Civil judge (Senior Division), Bhadrak, rejecting the application filed by the petitioners under section 47 read with section 151 of the Code of Civil Procedure.

(2.) THE case of the petitioners is that a decree was passed against them by the Calcutta High Court in Suit No. 105 of 1983 and the said decree was transmitted to the court of the learned Civil Judge (Senior Division), Bhadrak for execution. It was contended on behalf of the petitioners that the decree was passed in the suit on 5 -3 -1984 and the decree having been sent for execution by the Calcutta High Court on 2 -8 -1996, the same is clearly barred by limitation and it cannot be executed. It was also contended that the decree is not executable against the petitioners in their individual capacity as the same has been passed against M/s. R. B. Trading Company.

(3.) THE learned Civil Judge (Senior Division), Bhadrak, rejected the application on the ground that in the year 1984 the order was passed by the Calcutta High Court to transmit the decree to the court of the District Judge, Bhadrak, for execution and therefore, the execution proceeding was not barred by limitation. Other objections raised by the petitioners were also turned down.