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PETITIONER: SHEW BUX MOHATA AND OTHERS
Vs.
RESPONDENT: BENGAL BREWERIES LTD. AND OTHERS
DATE OF JUDGMENT: 15/09/1960
BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. IMAM, SYED JAFFER DAYAL, RAGHUBAR
CITATION: 1961 AIR 137 1961 SCR (1) 680 CITATOR INFO : R 1982 SC 989 (53)
ACT: Execution proceedings-Delivery of Possession acknowledged- Execution case dismissed-If further execution Proceeding Permissible-Purchaser of respondent’s interest-Whether could be added as Party-Code of Civil Procedure, 1908 (5 of 1908), 0. 21, r. 35, s. 146.
HEADNOTE: The appellant decree-holders in an execution proceeding accepted delivery of possession and granted a receipt to the Nazir of the Court acknowledging full delivery of possession to them but allowed the respondents, Bengal Breweries, to remain in possession with their permission. The appellant also permitted the execution case to be dismissed on the basis that full possession had been delivered to them by the respondents. Sometime thereafter the appellant made a fresh application for execution against the respondent, for eviction which was resisted under s. 47 of the Civil Procedure Code alleging that so far as they were concerned, the decree had been fully executed as a result of the earlier execution proceeding which had terminated, and that further execution was not permissible in law. Held, that ...