GOPAL GHOSH Vs. SURAJIT GOPE

JUDGEMENT

(1.) This is an appeal under Sec. 100 against the Judgment and Decree dtd. 9/12/2022 passed in Misc. Appeal No. 02/2021 by the Court of the learned Civil Judge, Lakhimpur, North Lakhimpur, whereby the appeal filed against the rejection of an application under Order XXI Rules 97/99 and 101 of the Code of Civil Procedure, 1908 (for short, the Code) was affirmed. This Court by an order dtd. 8/5/2024 had admitted the said plea by formulating a substantial question of law, which reads as under:-

(2.) The question, therefore, arises in the instant appeal as to whether the learned Executing Court as well as the First Appellate Court were justified in dismissing the application and relegating the appellant to file a separate suit. Taking into account the short question, this Court had therefore, taken up the matter today as any delay in disposal of the instant proceedings would neither be in the interest of the decree holder nor the appellant.

(3.) I have heard Mr. A.R. Shome, the learned counsel appearing on behalf of the appellant as well as Ms. P. Bhattacharjee, the learned counsel appearing on behalf of the respondents.