Debouy Joth Pal v. Abdul Aleem
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] ...
CO/20/2022 Debouy Joth Pal ... Petitioner Vs.
Abdul Aleem ... Respondent Mr. N. Lokesh Chezian ... for the petitioner September 21, 2022 [AKB] Item No.14 The plaintiff in a suit is the applicant. The plaintiff obtained a decree. The challenge to which from the side of the defendant has failed. The decree has been put into execution. At this stage the application under Section 47 of the Code of Civil Procedure, 1908 was filed on behalf of the judgement debtor. The petitioner being the plaintiff filed an application on 13th September, 2021 challenging the maintainability of the application under Section 47 of the Code of Civil Procedure 1908 filed by the judgement debtor. The application filed by the plaintiff has been dismissed and the judgement debtor has been directed to bring all his witnesses on the next date fixed i.e. 1st November 2022. The plaintiff/petitioner has challenged the dismissal of his application in this revisional application.
This date has passed and the plaintiff/petitioner is unable to provide the information as to the present stage of this matter.
Considering the submission made by the petitioner and the materials on record I do not find any infirmity in the order impugned and only direct the executing court being Civil Judge (Junior Division) -I at Port Blair or the Judge-in-charge to dispose of the application under Section 47 filed by the respondent-judgement debtor expeditiously as possible but positively within 31st January, 2023.
The Civil Judge (Junior Division) -I or the Judgein-charge while deciding the application under Section 47 of the Code of Civil Procedure, 1908 filed by the judgement debtor shall take into consideration the limited scope of an application under Section 47 and
should not permit the judgement debtor to expand its scope of the litigation after having suffered a decree. The revisional application being No. CO/20/2022 is accordingly disposed of.
(Arindam Mukherjee, J.)