Prem Kumar Sharma vs Sri Sankar Lal Saha & Ors
2021 Latest Caselaw 6250 Cal

05. 10.12.2021 Ct. No.21 A.B.

C.O. 2122 of 2021

Prem Kumar Sharma

-Versus-

Sri Sankar Lal Saha & Ors.

(Through Video Conference)

Mr. Sambhunath Ray Mr. Nand Kumar Singh Ms. Amrita Tiwari ...for the Petitioner.

The petitioner/Judgment Debtor being aggrieved by

order passed by the Ld. Judge, Presidency Small Causes

Court, 5th Bench, in Misc. Case No. 121 of 2015 under

order 21 rule 97 Civil Procedure Code arising out of

Ejectment Execution Case No. 203 of 2004 on 01.10.19

and has preferred the present revisional application

praying for setting aside the impugned order and for stay

of the said order till disposal of Misc. Appeal no. 19 of

2020 pending in the Court of learned Chief Judge, City

Civil Court, Calcutta.

I find present revisional application being filed on 6th

December, 2021 challenging the order dated 01.10.2019

and without being supported by any petition under

limitation Act for condonation of delay in filing the

application beyond 90 days of the passing of the order.

Moreover, the apparently it is seen against the

impugned order the petitioner has already filed a Misc.

Appeal No. 19 of 2020 before the learned Chief Judge,

City Civil Court at Calcutta. If that be so the present

revisional application is not maintainable.

That apart that no revision lies against impugned

order passed under Order XXI Rule 97CPC. An order

passed under Order XXI Rule 97CPC is considered to be

a deemed decree and against which only Appeal lies. On

conjointly reading the Provisions of Order XXI Rule 97

with Order XXI Rule 101, Order XXI Rule 98 and Order

XXI Rule 103 Civil Procedure Code, it is seen order of

removal of obstruction is said to be passed under Order

XXI Rule 98 sub rule (2) while determining a question

under Order XXI Rule 101 in respect of an application

Order XXI Rule 97. Therefore, an order of removal

obstruction with the help of police and recovery of

possession thereof is a deemed decree under Order XXI

Rule 103 CPC. Hence, this court is of view only remedy

available to the petitioner/ Judgment debtors is to prefer

an Appeal before an appropriate appellate court against

such deemed decree and as such no Revision is

maintainable against the impugned order.

Accordingly, C.O. 2122 of 2021 is dismissed with

cost of Rs. 5000/- payable in the account of State Legal

Services Authority.

Interim order, if any, stands vacated.

All parties shall act in terms of the copy of the order

downloaded from the official website of this Court.

Urgent Xerox certified photocopies of this judgment,

if applied for, be given to the parties upon compliance of

the requisite formalities.

(Kesang Doma Bhutia, J.)