RAMESH KUMAR JAISWAL Vs. KAPOOR CHAND JAIN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The present writ petition has been filed under Article 227 of the Constitution of India for quashing the order dated 30.6.2011 (Annexure-6) passed by the learned Subordinate Judge-I, Chatra in Execution Case No. 1/1968, whereby and whereunder, the learned court below has rejected the petitioner's application filed under Section 47 of the Code of Civil Procedure.

(3.) The learned counsel for the petitioner submitted that the court below has not properly considered the submissions made before it and more particularly the scope of the Section 47 of the Code of Civil Procedure as well as the judgment delivered in the Case of Jagdish Dutt and Another Vs. Dharam Pal and Others, 1999 3 SCC 644. Learned counsel for the petitioner further submitted that the petition of the judgment debtor was submitted before the Executing Court but the said application has not been properly considered by the court below and therefore this matter is required to remit back to the court below concerned for de novo consideration of the entire suit.