RINA PAUL Vs. NANDITA ACHARJEE

JUDGEMENT

(1.) Heard Mr. P.K. Roy Choudhury, learned counsel for the petitioner. Also heard Mr. S.K. Ghosh, learned counsel appearing for the respondent.

(2.) In challenge in the present application under Article 227 of the Constitution of India is the order dated 12.05.2015 passed by the learned Civil Judge, Nagaon in Money Execution Case No.2/2013, thereby rejecting the objection filed by the petitioner under section 47 read with section 151 CPC, by which the prayer was made for setting aside the order of attachment and for dismissing the execution proceeding.

(3.) The brief facts, relevant for the purpose of this application is that the respondent is the plaintiff in Money Suit No. 19/2000. The said suit was filed against one Nayan Paul, the husband of the petitioner and 2 others. The said suit was allowed against the said Nayan Paul vide judgment and decree dated 07.03.2001. In order to execute the decree, the respondent had filed an execution petition before the Court of learned Civil Judge (Sr. Div), Nagaon which was registered as M. Ex. Case No.6/2002. The petitioner herein claimed that she was married to Nayan Paul (since deceased) on 11.05.2005, after the decree was passed and thereafter, without having any issue, Late Nayan Paul died on 16.02.2007 and his death was registered before the concerned Registrar, Birth and Death, Lanka, Nagaon.