PANNALAL GHOSH Vs. SUDHIR CHANDRA NAG

JUDGEMENT

(1.) THIS Civil Revision Petition has arisen from the order dated 30. 06. 1999 passed by the Civil Judge, Sr. Division, Kailashahar, North Tripura in Miscellaneous Case No. 12/1998 in connection with 3 Ex (T)/1992. By the said order which has been impugned in the present revision, the objection of the judgment-debtors under Section 47 of the Civil Procedure Code with regard to executability of the decree passed in Title Suit No. 98/1952 by learned Munsiff, Kailashahar has been allowed with the conclusion that the said decree cannot be executable.

(2.) A brief narration of the material facts may be noticed at the outset.

(3.) THE learned Munsiff, Kailashahar allowed the prayer of extension in Civil Miscellaneous Case No. 13/1989, which was put under challenge in Civil Revision No. 54/1993. This Court by an order dated 24. 11. 1995 in the said Civil Revision refused to interfere with the decision of the learned Trial Court on the ground that there was no jurisdiction error and, therefore, in view of the limited scope available under Section 115 of the CPC, no interference was called for.