SUKA MUKHI Vs. NATA MUKHI AND ORS.

JUDGEMENT

(1.) JUDGMENT debtor No. 1 is Petitioner in this Civil Revision which arises out of an execution proceeding of a final decree in a suit for partition.

(2.) FINAL decree was made on 2 -5 -1967 which was drawn and signed on 30th March, 1978. Opposite Party No. 1 decree holder filed execution case No. 15 of 1978 on 11 -7 -1978. Notice was sent to the judgment debtors which return unserved on judgment -debtor Nos. 2, 4 and 5, judgment debtor No. 1 Petitioner entered appearance and prayed for time to file objection which was allowed. Executing Court directed decree -holder to take steps for fresh notice against judgment -debtor Nos. 2, 4 and 5, On 8.12 -1978. decree -holder applied to expunge names of judgment -debtor Nos. 2 and 4 as they were dead. Before disposal of such petition, notice was directed to be issued against judgment debtor Nos. 3 and 5 only. As no step was taken against judgment debtor Nos. 3 and 5, execution case was dismissed for non -prosecution when decree -holder was found absent judgment -debtor No. l had not filed objection by that time. Decree -holder filed another application for execution registered as Execution Case No. 40 of 1979 which was dismissed as barred by limitation. On 2nd March, 1983. Thereafter, decree -holder filed an application for restoration of Execution Case No. 15 of 1978 invoking inherent power of the Court under Section 151, Code of Civil Procedure. Execution Case having been restored this Civil Revision has been filed.

(3.) WHEN the matter was listed for taking steps for notice as against opposite party No. 2/Ka in the matter of restoration of Civil Revision dismissed against him, I perused the record and found that opposite party No. 2/Ka is another judgment -debtor whose interest would not be affected even if I allow the Civil Revision. Hence, I heard the Civil Revision on merits as records of the execution case were available.