CHANDRIKA MAHTO Vs. MUNNI MAHTO

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 11.05.2018 passed by the learned Munsif, Bettiah in Execution Case No.1 of 2005 whereby the application filed by the petitioner under Section 47 of the Code of Civil Procedure (for short 'CPC') to dismiss the execution case has been rejected.

(3.) Learned counsel appearing for the petitioner submitted that the order impugned passed by the court below is bad in law and fit to be set aside. According to him, the ground taken for rejecting the application dated 12.12.2014 filed by the petitioner is not justified. Merely because on earlier occasion the delay in filing Execution Case No.1 of 2005 was erroneously condoned, it can not be said that the same point could not have been raised later. He has also submitted that allowing the Execution Case No.1 of 2005 to proceed is void ab initio and continuance of the same would set a bad precedent in law.