DIPEN MITRA Vs. LEGAL HEIRS OF DULU KAR

JUDGEMENT

(1.) Heard Mr. B. Chakraborty, learned counsel for the petitioner as well as Mr. U.K. Das, learned counsel for the respondents No. 1 and 2. None appears for the other respondents although service on them is complete.

(2.) The petitioner in this application has been filed under Article 227 of the Constitution of India is the judgment debtor in T. Ex. Case No. 15/2002, which was filed by Arab-inda Kar (since deceased) to execute an ex-parte decree dated 26.03.2002, passed by the learned civil Judge, Nagaon in T.S. No. 51/2000. The order impugned herein is the order dated 01.03.2014, passed in the said execution case, on an application filed under section 47 of the Code of Civil Procedure. The present respondents herein are the legal representatives of the original sole respondent i.e. Arabinda Kar.

(3.) Without referring to the case of the respondents herein in the suit, it would be sufficient to mention herein that the predecessor-in- interest of the substituted respondents had obtained an ex-parte decree as stated herein before. After the predecessor-in- interest of the petitioners came to know about the passing of the said ex-parte decree for his eviction from the suit premises, he by unsuccessfully filed an application under Order IX Rule 13 CPC, which was dismissed. No appeal was preferred and hence, the ex-parte decree dated 26.03.2002 passed in T.S. No. 51/2000 has attained finality.