NURUL ISLAM KHAN Vs. RAJAB ALI KHAN

JUDGEMENT

(1.) Heard Mr. N. Haque, the learned counsel appearing on behalf of the Petitioners and Mr. A. Sattar, the learned counsel appearing on behalf of the respondents.

(2.) The jurisdiction under Article 227 of the Constitution have been invoked to challenge the order dtd. 1/10/2021 passed by the learned Munsiff No.1, Barpeta (hereinafter referred to as 'the learned Executing Court') whereby the Execution Proceedings being Title Execution Case No.33/2018 was dismissed on the ground of being barred by limitation in terms with Article 136 of the Limitation Act, 1963 (for short 'the Act of 1963').

(3.) For deciding the legality and validity of the impugned order dtd. 1/10/2021, it is relevant to take note of the brief facts which led to the filing of the instant proceedings infra.