LAXMI RAM Vs. BALDEV YADAV

JUDGEMENT

(1.) Petitioner is the judgment debtor and is aggrieved by the order dtd. 12/12/2022 passed by Principal District Judge in Civil Miscellaneous Appeal No.8 of 2018, whereby and whereunder Principal District Judge, Giridih has set aside the order dtd. 13/9/2018 passed by the learned Civil Judge (Senior Division)- I, Giridih in Execution Case No.9 of 2010.

(2.) The facts are not in dispute that the execution case filed by opposite party no.1 being Execution Case No.9/2010 arising out of Title Suit No.72/1986, was dismissed by the executing court. Aggrieved by the said dismissal, opposite party no.1 preferred Civil Miscellaneous Appeal No.8 of 2018 which has been allowed by the Principal District Judge vide order dtd. 12/12/2022, is under challenge in the instant civil miscellaneous petition.

(3.) It is argued by the learned counsel on behalf of petitioner that miscellaneous appeal against an order is maintainable before the District Judge only under Order XLIII read with Sec. 104 of the CPC. Dismissal of an execution case on merit is not amenable to challenge before the District Judge. The order passed is without jurisdiction therefore, fit to be set aside.