PANNALAL GHOSH Vs. IRESH DAS

JUDGEMENT

(1.) THIS review application u/s 114 read with Order 47, Rule 1 of the Code of Civil Procedure has been filed by the review-petitioners themselves seeking review of the order dated 17. 09. 2007 passed by a learned Single Judge of this Court in C. R. P. No. 04 of 2000.

(2.) HEARD argument of Shri D. K. Biswas, learned counsel for the petitioners and Shri S. Deb, learned senior counsel for the respondents.

(3.) IN my considered opinion, a brief resume of the facts leading to filing of the review application is necessary. The petitioners are the decree-holders. Nearly five decades ago the predecessor-interest of the petitioners had filed Rent Suit No. 3 of 1960 against one Basanta Das for recovery of arrear rent and his ejectment on the ground of default in making payment of the rent. The suit was decreed on 10. 11. 1960. However, during the pendency of the suit as well as post decree, the suit land was successively transferred to one Shri Sushital Dhar and Smt. Hemalata Dhar. After the death of Akhil Chandra Ghosh, one of the decree-holders, the fact of the decree did not come to the knowledge of his successors. The fact of the decree could be discovered on 05. 12. 1988 and thereafter the execution case was filed on 02. 03. 1989. During the execution proceeding, both the sides filed a few miscellaneous applications. One of the orders, relevant for the purpose of deciding the revision and review application is that the decree was amended vide order dated 31. 03. 1990 u/s 152 of CPC. After this amendment of the decree, the last purchaser of the suit land Smti. Hemalata Dhar was impleaded as a judgment-debtor. Finally the execution case was dismissed vide order dated 08. 12. 1999 on 2 (two) grounds. Firstly, it has been held that the decree is barred by limitation and secondly, that the decree was fully satisfied and as such the execution proceeding is not maintainable against the same decree.