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PETITIONER: KESHARDEO CHAMRIA
Vs.
RESPONDENT: RADHA KISSEN CHAMRIA AND OTHERSRADHA KISSEN CHAMRIA AND OTHE
DATE OF JUDGMENT: 30/10/1952
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN BOSE, VIVIAN HASAN, GHULAM
CITATION: 1953 AIR 23 1953 SCR 136 CITATOR INFO : RF 1956 SC 391 (39) R 1959 SC 492 (19) E&D 1964 SC1336 (8) R 1971 SC2324 (7) R 1975 SC 794 (6) RF 1981 SC 707 (5) R 1988 SC1531 (104)
ACT: Civil Procedure Code (Act V of 1908), ss. 47,115, 151-Execu- tion proceedings-Dismissal of adjournment petition-Dismissal of execution case also by same order without asking pleader what he has to say-Restoration of case under inherent powers-Appeal and revision petition to High Court from order of restoration-Maintainability of appeal-Interference by, High Court in revision-Legality-Revisional powers of High Court-Appeal from orders made under inherent powers.
HEADNOTE: A Subordinate Judge dismissed an application by a decree- holder for adjournment of an execution case and by the same order dismissed the execution case itself without informing the decree. holder’s pleader that the application for adjournment had been dismissed and asking him whether be had to make any submission in 137 the matter of the execution case, and an application fo...