PROSANNA KUMAR CHAKERBUTTY Vs. JOTINDRA NATH BOSE

JUDGEMENT

(1.) This appeal is against an order dismissing an application for execution of a decree on the ground that the date of disposal of two previous applications for execution as also certain cross-decrees obtained by the judgment-debtor against the decree-holder were not mentioned in the application.

(2.) It appears that the present application for execution was made on the 12 January, 1920, No defect in the application was noticed at the time and the Court directed it to be registered. Subsequently, on the 17 July, 1920, the Court held upon the objection raised by the judgment-debtor that the application for execution did not comply with the requirements of Order 21, Rule 11, as stated above.

(3.) There is no doubt that material defects would vitiate an application for execution and the question, therefore, is whether there were material defects in the application.