NIMAI MAHATO Vs. JAGARNATH MAHATO

JUDGEMENT

(1.) Surviving defects are ignored.

(2.) The instant civil miscellaneous petition has been filed by one Nimai Mahato for quashing the order dtd. 16/6/2022 passed in Civil Appeal No.152 of 2019 whereby and whereunder the petition under Order XLI Rule 5 of the C.P.C. for stay of Execution Case No.99 of 2019, has been rejected by learned Additional District and Sessions Judge, XVI, Dhanbad.

(3.) The principal ground for seeking stay of the execution proceeding is that judgment debtor Nos.2, 8, 14, 17, 18, 19 and 21 have since died, who have been substituted before preparation of the final decree. Secondly, the Pleader Commissioner made a spot verification in August, 2018 when the parties were not there. The report of the Pleader Commissioner was challenged before this Court in W.P.(C) No.2684 of 2019 wherein it was held that since it was a final decree, same can be challenged under Sec. 96 of the C.P.C. In pursuance to the order passed in the writ petition, Civil Appeal No.152 of 2019 has been filed.