ETWARI DEVI Vs. LAKHAN LAL

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India has been preferred by the petitioners, the judgment debtor/defendants against order dated 4th October, 2005 (Annexure -7) passed by the Addl. Munsif, Ranchi, in Execution Case No. 17 of 2002 whereby and whereunder the objection filed by him under Order XXVI, Rule 10(2) of the Code of Civil Procedure seeking leave to examine the Pleader Commissioner has been rejected.

(2.) FROM the enclosures attached to this writ petition and having heard the submissions made by the counsel for the parties, it appears that the respondents/ plaintiffs preferred a Title Eviction Suit No. 44 of 1987, which was decreed in their favour on 18th April, 2002. This resulted in the filing of the Title Appeal No. 06/48 of 2002 by the defendant petitioners. Thereafter, the appeal preferred by the judgment debtor petitioners having been dismissed, the petitioners preferred a Second Appeal No. 467 of 2004 before this Court. A Bench of this Court by order dated 10th February, 2005 observed that there was no case made out to interfere with the judgment and the decree in question and made certain observations and issued directions, as follows, to serve the interest of justice.

(3.) THE main plea taken by the judgment debtor/petitioners is that they should be allowed to examine the Pleader Commissioner and the prayer should not have been refused by the Court below.