Shri. Subhash Sarkar v. Shri. Salar Bux And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/11/2025 Shri. Subhash Sarkar Vs Shri. Salar Bux and others Mr. N.A. Khan ... for the petitioner February 24, 2025 [AKB] Item no. 4
1. Affidavit-of-service is filed and taken on record. None appears on behalf of any of the respondents. Mr. N.A.Khan, learned counsel appearing on behalf of the petitioner appears.
2. This revision application has been preferred challenging Order No. 45 dated 10.01.2025 in connection with Other Execution Case No. 1/2020 wherein learned Civil Judge Senior Division passed an order directing the Sub-Registrar, Mayabunder for necessary correction of the name of the first party in their records.
3. Mr. Khan, learned counsel appearing on behalf of the petitioner has submitted that the suit was for the specific performance of contract. Petitioner/plaintiff obtained ex parte decree which was put into execution and registered as Other Execution case No. 1 of 2020.
4. Mr. Khan has further submitted that according to learned Judge, in the deed one mistake took place in depicting the name of the first party as Mallika Bibi instead of Nazir Civil Judge, Senior Division, Mayabunder.
5. Mr, Khan has further submitted that no order has been passed by the learned judge directing the Nazir to produce the deed before the Sub-Registrar for necessary correction in their records to facilitate the registration process through court.
6. After careful scrutiny of the order impugned I am in agreement with Mr. Khan that learned Judge ought to have pass a direction upon the Nazir to produce the deed before the Sub-Registrar for necessary correction.
7. In the aforesaid view of the matter I modify the penultimate paragraph of the impugned order to the effect that Nazir is to produce the deed before the SubRegistrar for necessary correction in the records to facilitate the registration process through court.
8. With the aforesaid observation the instant revision application stands disposed of with a liberty to Mr. Khan learned counsel appearing on behalf of the petitioner to intimate this order to the learned Executing Court.
9. Parties are directed to act on the website copy of this order duly downloaded from the official website of this Court.
(Bibhas Ranjan De, J.)