NIRMAL ROY Vs. COMMANDANT MANIPUR RIFFLES

JUDGEMENT

(1.) This Civil Revision arises out of a judgment and order dated 5.2.93 passed by the learned District Judge, Manipur (West) in Execution Case No 1/93 holding that the court does not have the jurisdiction to execute the decree. He further ordered that the decree be sent to the Court of District Judge ,Manipur (West) for execution of the same. It was ordered by the learned Judge that the decree-holder shall have the right to execute the decree in the said court in the manner provided by law as well as in the light of the observation made by him in the aforesaid judgment. The execution case though originally filed and proceeded before Addl. District Judge was transferred to District Judge on 3.4.93 and the District Judge passed the impugned order.

(2.) Certain facts are necessary to be stated for the disposal of this Revision Petition. The petitioner herein as plaintiff filed originally a suit being O.S. No. 10/86 in the Court of Subordinate Judge at Imphal, Manipur. The case was transferred to the court of the learned Addl. District Judge No. IJ at Manipur and there it was registered as Original SuitNo.9/87 and it was subsequently re-numbered as 33/88 and 40/89 and the decree was passed by the learned Addl. District Judge No. n at Manipur on 9.3.90. That decree reads as follows:

(3.) Though no Section is mentioned in this objection it must be deemed to be objection u/s 47 of CPC. A bare perusal of the objection filed on. 1.4.91, the paras 4,5 and 6 of which have been quoted above, will show that the present controversy in this Revision Petition was never raised by the Judgment -debtor.In that objection the decree-holder filed repty to the written objection on 12.4.91 and on 18.5.91 the court ordered execution of the decree and direct the judgment-debtor to reinstate the decree-holder to the post of Riflemen and fixed 3rd June, 1991 for submission of compliance report. The judgment-debtor did not file any compliance report and on 3.6.91 and application was filed by the Judgment-debtor for examination of the Head clerk of 1st Manipur Rifles for ascertaining the amount for payment in terms of the decree. On 29.6.91 the court ascertained the amount and, directed to pay the same within two months and also directed to submit the compliance report on or before 4.9.92. On 21.9.92 in terms of the order of the court dated 18.5.91, the judgment-debtor reinstated the decree-holder to the post and 5.11.92 was fixed for payment of arrear as ascertained/calculated by the court. On 12.1.93 i.e. after almost 2 years of filing the first objection u/s 47 of the CPC, the judgment-debtor filed another application praying for return of the execution petition to decree-holder as the learned District Judge. Manipur West is not the court to pass the decree in question and there was a further prayer for restitution in respect of the part of the decree which has so far been executed as against them. The Decree holder filed objection on 16.1.93 and thereafter, this impugned order was passed. On transfer to his file by the District Judge, Manipur West.