SANTOSH PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This revision under Sec. 115 of the C.P.C., 1908 has been filed by the petitioner challenging the impugned order dtd. 27/9/2024 passed in Execution Case No.04 of 1991 by the learned Civil Judge(Sr. Division), Sonepur, wherein, the Execution Case No.04 of 1991(arising out of the judgment and decree passed in Money Suit No.76 of 1987) filed by the petitioner was dropped on the ground that, application/petition of the petitioner for execution is not executable, for the reasons that, the DHR has not indicated the exact amount of money to be realized from JDRs, valuation of the two Government vehicles and the valuation of the immovable properties mentioned in the schedule along with other reasons.

(2.) Heard from the learned counsel for the petitioner and the learned Standing Counsel for the State.

(3.) It is very fundamental in civil law that, principle of res judicata is not applicable in execution proceedings. In case of passing an order to drop the execution proceedings on the ground of any technicality, the JDR is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable.