KSHITISH NANDI Vs. MANADA DHAR

JUDGEMENT

(1.) THE instant application under Article 227 of the Constitution of India read with Section 151 of the CPC is filed for quashing/cancelling and/or setting aside the order dated 11.05.2010 passed in Case No. Ex. (T) 18/2001 arising out of a decree passed in Title Suit No. 10/1979 whereby and whereunder the Executing Court refused to hear the application dated 05.05.2010 filed by the petitioner-judgment debtor under Order 21, Rule 16 even after an application filed on 10.05.2010 for hearing the aforesaid application dated 05.05.2010.

(2.) HEARD Mr. K. N. Bhattacharjee, learned senior counsel assisted by Mr. S. Acharjee, learned counsel for the petitioner-judgment debtor as well as Mr. A.M. Lodh, learned senior counsel assisted by Mr. M. Dutta, learned counsel for the respondents.

(3.) AS the said petition under Order 21, Rule 16 was not taken up he again filed an application on 10.05.2010 for hearing the aforesaid application dated 05.05,2008. On 11.05.2010 the Executing Court upon hearing the learned counsel for the parties passed the impugned order stating, inter alia, that there is no scope for re-examining the issue raised by the judgment debtor in his application dated 05.05.2010 filed under Order 21, Rule 16 CPC on merit and accordingly the said application of the judgment debtor dated 10.05.2010 has been rejected. Being aggrieved by the aforesaid order of the Executing Court the petitioner preferred this revision petition.