Shri.Abdul Hanifa And ORS v. Shri. Mariappan

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/45/2024 Shri. Abdul Hanifa and others Vs.

Shri Mariappan Mr. Arul Prasanth Ms. Dolly Sarkar ... for the petitioners/revisionists November 12, 2024 [SR] Item No.5 1.

The revisional application is directed against an order No.41 dated 05.10.2024 passed in Other Execution Case No.06 of 2019.

2.

An ex parte decree passed in Other Suit No.82 of 2019 was put into execution by the opposite party/decree holder against the revisionists.

3.

It appears that an application was filed for recalling of the ex parte decree by the revisionists which was dismissed for default on 21.03.2023.

4.

The revisionists/ judgment debtors have not taken any steps to seek recall of the order dated 21.03.2023 instead they have filed an application for stay of the execution proceeding on the ground that the summons in the main suit was not served on her clients.

5.

This Court is of the view that the application is thoroughly misconceived. The petitioners ought to have sought recall of the Order dated 21.03.2023 which was dismissed the application under Order 9 Rule 13 of the CPC.

6.

The Court below has rightly held that the issue as to whether summons were served on the defendants or not, cannot be reopened in an execution proceeding. 7.

For the reasons stated above, the revisional application stands dismissed with liberty reserved to the petitioners/revisionists to take steps in accordance with law. 8.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. )