KRISHNA RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved of order dated 22.08.2008 passed in Execution Case No.1 of 2007 by which other judgment-debtors have been deleted from the execution case.

(2.) Mr. P.P. N. Roy, the learned Senior counsel for the petitioner submits that once a decree is prepared in terms of judgment dated 28.08.1998 in which others have also been shown as defendants, the trial judge has committed serious error in deleting name of other defendants in the execution case.

(3.) On perusal of the decree dated 01.09.1998 it would appear that the decree is in two parts. In the first part of the decree right, title and interest of the plaintiff has been declared against the judgment-debtors in Title Suit No.1 of 1991. Second part of the decree pertains to a sum of Rs.58.55 to be paid by the defendants to the plaintiff.