BISHNU MOHAN MALLIK Vs. DHRUBA NAIK

JUDGEMENT

(1.) THE significant issue which emerges in this reference to a large Bench deserves precise formulation as follows :

(2.) THIS revision application by the decree holder is directed against the order of the executing Court allowing the objection of the judgment -debtor that the decree in question is a nullity and thus inexecutable.

(3.) THE trial Court answered the issue of maintainability of the suit in favour of the plaintiff in these words: