JOHURAN BIBI Vs. HOWRAH JUTE MILLS CO LTD

JUDGEMENT

(1.) These appeals are on behalf of the judgment-debtors. The respondent, the Howrah Jute Mills Company Limited, obtained decrees for rent against different judgment-debtors and put those decrees into execution. The different judgment-debtors filed objections to the execution of the decrees under Section 47, Civil P.C. On an application filed by the judgment-debtors on 25-5-1946, the judgment-debtors limited their objections to the following grounds: (1) that the judgment-debtors had made certain payments which were not credited in the execution petition; (2) that the decrees for mesne profits were without jurisdiction; (3) that the application for execution was barred by time.

(2.) On the application of the judgment-debtors dated 29-5-1946, which was not opposed by the decree-holders, the Court directed that all the objections should be heard together. These petitions of objections were accordingly treated analogously. By an order of the Court dated 21-9-1946, except in some cases the objections were disallowed. The judgment which was passed was directed to be kept with the records of Misc. Case No. 17 of 1946.

(3.) The judgment-debtors preferred appeals to the Court of the District Judge. These appeals were rejected on the ground that certified copies of the judgment had not been filed in every one of these cases. Against the order of the District Judge, rejecting the memorandum of appeals, the judgment-debtors have come up to this Court. The appeals in this Court are numbered as S.M.A. Nos. 61 to 115 of 1947.