Sri Sukumar Mudi & Ors vs Smt. Prativa Rani Paul & Ors
2021 Latest Caselaw 4452 Cal

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17   31.08.2021

SA 160 of 2008

SAT 3950 of 2001

Smti. Sova Rani Mudi (Deceased) & substituted by Sri Sukumar Mudi & ors.

vs.

Smt. Prativa Rani Paul & ors.

Mr. Arnab Roy ... for appellants

Mr. Roy, learned advocate appears on behalf of

appellants and submits, the appeal be admitted on a

question to be formulated regarding, inter alia, claim of

plaintiffs in seeking and getting decree of declaration that

earlier ex parte decree dated 8th February, 1989 is not

binding upon them.

It appears plaintiffs had claimed under donee of

landlord. The tenant had suffered said ex parte decree

dated 8th February, 1989, of eviction. Plaintiffs being

vendee of tenant could not resort to provisions in order

XXI, Code of Civil Procedure for adjudication of their right

or interest in the land, as third parties. The question

arises as to whether plaintiffs were bound by the decree

and could get the declaration by separate suit.

We admit the appeal on the following question:-

"Could plaintiffs claiming under judgment debtor

in ex parte decree dated 8th February, 1989 for his

eviction, get the declaration of said decree as not

binding upon them in a separate suit?"

Call for the records. Appellants will put in

requisites for preparing paper books and issuance of

notice of appeal.

Liberty to mention before the learned single

Judge having determination for hearing of the appeal,

when made ready.

(Arindam Sinha, J.)

(Sugato Majumdar, J.)