BIPIN KUMAR GUPTA Vs. DR. AMITAVA TRIGUNAIT

JUDGEMENT

(1.) Petitioner is the judgment debtor, who was impleaded as defendant no.2 in the original Title (Eviction) Suit No.23 of 2008 filed under Sec. 11(a) and (d) of Jharkhand Buildings (Least, Rent and Eviction) Control Act, 1982.

(2.) The suit was decreed and the appeal was preferred by the present petitioner before the learned Principal District and Sessions Judge-IV, Dhanbad. During the pendency of appeal, an objection petition was filed by the petitioner under Sec. 47 of the CPC which has been rejected by the learned executing court.

(3.) Objection petitions were filed by the defendant nos.1 and 2 and 3 and 4 under Sec. 47 of the CPC, which were separately registered as MCA No.100 of 2023 and MCA No.120 of 2023. Both these petitions have been rejected by the learned executing court by two separate orders dtd. 12/8/2025 on the ground that the defect in decree cannot be agitated before the learned executing court and the proper forum was appellate court where the matter was pending in appeal.