(1.) This is an application under Section 115 of the Code of Civil Procedure against an order passed on 2-4-90 by the Asst. District Judge, Jorhat in Misc. Case No. 50 of 1989 which arose out of money execution case No.6/1989 allowing the objection under Section 47 of the code of civil Procedure and dismissing the execution case No. 6 of 1989.
(2.) Heard Mr. B. K. Goswami, learned Senior Advocate for the petitioner and Mr. G.N. Sahenwalla, learned counsel for the Respondent.
(3.) The facts in short are as follows.