SHANKAR LAL RUNGTA Vs. RAM ROY CHOUDHARY

JUDGEMENT

(1.) This application is directed against an order dated 15-2-1991 passed by Shri B. K. Choudhary, 1st Additional Munsif, Giridih in Misc. Case No. 15 of 1984 whereby and whereunder the said learned court held that composite application under Section 47 read with Order XXI, Rule 90 of the Code of Civil Procedure is maintainable.

(2.) In view of the fact that only a question of law is involved in this case, it is not necessary to consider the facts of the matter in great details.

(3.) Suffice it to say that the Commissioner of Giridih Municipality filed a suit being S. C. C. No. 165 of 1977 in the court of the Munsif, Giridih for recovery of arrears of Municipal taxes and other dues against Snambhunath Roy Choudhary, the father and predecessor-in-interest of the petitioner and the opposite party No. 2. The said suit was decreed ex pane on 26-5-1982.