ANIRUDHA ROUT Vs. MANJUBALA ROUT

JUDGEMENT

(1.) THIS revision arises out of a petition filed by the J. Dr. in the execution case alleging satisfaction of the decree - and for dismissal of the execution case on that account. The opposite party had obtained a decree for restitution of conjugal rights and levied Execution Case No. 5/84 which however was dismissed for default on 28 -1 -1985 and thereafter she filed the Execution Case No. 4/85 in which the Petitioner filed a petition under Section 47) Civil Procedure Code to the effect that he has already paid the costs of the decree in the previous execution case and further in pursuance of the decree for restitution of conjugal rights he had taken the D. Hr. to his house on 2 -1 -1985 where they lived as husband and wife but after 15 days she voluntarily abandoned their joint living and ran away from the house. In the circumstances he prayed for dismissal of the execution case.

(2.) THE petition was resisted by the D. Hr. by filing an objection by way of a petition denying such allegations and further stating that even though the J. Dr. had, soon after the commencement of the suit, married another lady, yet she because of helplessness is ever willing to go and live in the house of the J. Dr.

(3.) MR . Panda, the learned Counsel for the Petitioner urges that in view of the provisions of Order 21, Rule 32 (1) Civil Procedure Code since it is his case that he was willing to take the D. Hr. and live with her as husband and wife, the order of execution of the decree against him cannot be sustained since no finding has been recorded by the Court that he, though had the opportunity to satisfy the decree, yet had wilfully failed to do so.