CACHAR GRAMIN BANK Vs. NILUPA BEGUM

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned Senior Counsel for the petitioner as well as Mr. A. S. Dhillon, learned counsel for the respondent No. 8. None appears on call for the other respondents.

(2.) By filing this revision under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India, the petitioner has challenged the order dated 07.01.2014, passed by the learned Munsiff No. 1, Hailakandi, in Money Execution Case No. 65/2012, arising out of judgment and decree dated 09.02.2011, passed by the learned Munsiff No. 2, Hailakandi, in Money Suit No. 75/2009. By the said order, the petition filed under Section 47 of the CPC by the Branch Manager of the petitioner, who was the judgment debtor No. 6 in the said execution proceeding was rejected.

(3.) The brief fact of the case is that the principle respondent Nos. 1, 2 and 3 herein, as plaintiffs, had filed a suit before the learned Trial Court stating, inter alia, that the plaintiffs were entitled to their respective shares to the estate left behind by the husband of the respondent/plaintiff No. 3.