LEGAL HEIRS OF JAGANMOY PAUL Vs. RASHESWAR PAUL

JUDGEMENT

(1.) Heard Mr. S.D. Purkayastha, learned counsel appearing for the petitioners. Also heard Mr. B.K. Sen, learned counsel appearing for the respondents.

(2.) The present revision petition under Sec. 115 of the Code of Civil Procedure, 1908 (CPC), is directed against the Judgment and Order dtd. 4/1/2024, passed by the learned Civil Judge (Sr. Div.) No.2, Cachar, Silchar in Misc. Appeal No.09/2019. By the said judgment the Appellate Court affirmed the order dtd. 15/11/2019, passed by the learned Munsiff No.2, Cachar, Silchar in Title Execution Case No.5/2014, whereby the application filed under Sec. 47 read with Sec. 151 of CPC by the judgment debtor was rejected.

(3.) The lis originates from Title Suit No.164/2007, instituted by the respondent seeking ejectment of the predecessor of the present petitioners. The suit was initially dismissed ex-party by Judgment and Decree dtd. 19/2/2011. However, in Title Appeal No.16/2011 the First Appellate Court by Judgment and Decree dtd. 21/4/2014, reversed the Trial Court's decision and decreed the suit.