GOVINDA CHANDRA Vs. PAL HIRA PURCHASE LTD

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Subordinate Judge, Puri in Misc. Case No. 130 of 1981 under S.151 of the Code of Civil Procedure (for short the 'Code') restoring Execution Case No. 63 of 1972.

(2.) The relevant facts may be stated in brief. The opposite party (plaintiff-decree-holder) obtained a decree from the Bombay High Court on 24-11-1965 in Suit No. 575 of 1964 against the petitioners (defendants-judgment-debtors). The said decree was transferred to the court of the learned 'Subordinate Judge, Puri for execution. Accordingly execution was levied in the aforesaid court against the petitioners on 25-4-1972 in Execution Case No. 63 of 1972 for recovery of a sum of Rs. 15,288.44 paise by sale of movable and immovable properties. The decree could not be executed until 22-4-81 when the opposite party was directed to take steps in aid of execution. On that day the opposite party applied for adjournment which was refused and the execution case was dismissed for default. On 30-4-81 the fact of dismissal of the execution case was intimated to the transferor Court. On 22-6-1981 the opposite party made a petition under S.151 of the Code for restoration of the execution case stating therein that steps could not be taken on 22-4-81 on account of sudden serious illness of the father of the opposite party's advocate and also due to illness of its manager. Petitioner No. 1 in his counter alleged negligence by the opposite party and stated that the illness pleaded did not constitute sufficient cause for restoration. The execution case was barred by limitation and the court lacked jurisdiction to direct its restoration. The learned Subordinate Judge by the impugned order held that he had jurisdiction to entertain and dispose of the petition for restoration and as there was sufficient cause he directed restoration of the execution case.

(3.) Learned counsel appearing for the petitioners raised the following contentions : -