Case brief
What is this about?
Judgment-debtor's Section 47 CPC challenge to executibility of an eviction decree (Title Suit No. 215 of 1995; Title Execution Case No. 08 of 2018, Civil Judge (JD) Bongaon, 24 Parganas North) on the ground of inaccessibility of the decreetal property (Misc. Case No. 26 of 2023) failed; executing Court's dismissal of February 26, 2024 upheld; civil revisional application C.O. No. 1274 of 2024 under Article 227 dismissed without costs by Biswajit Basu, J., High Court at Calcutta, decision dated 13.09.2024.
What did the court decide?
The ground on which the executibility of the decree was questioned (inaccessibility of the decreetal property) does not come within the purview of Section 47 of the Code of Civil Procedure; accordingly, the executing Court's order dismissing the miscellaneous case does not call for any interference. ¶11