Tripura High Court
Smti. Maya Deb (Sarkar) vs Smti. Kabita Rani Das (Sarkar) on 23 August, 2024
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
CRP No.73/2024
1. Smti. Maya Deb (Sarkar), W/O. Late Mounabrata Sarkar,
2. Sri Mainak Sarkar, Son of Late Mounabrata Sarkar.
Both are residents of Madhya Para, Ward No.1 of Belonia Municipal
Council, P.O. & P.S.:-Belonia, District-South Tripura, PIN:-799155.
......... Petitioner(s).
VERSUS
1. Smti. Kabita Rani Das (Sarkar), W/O. Late Subrata Sarkar,
2. Shri Supratim Sarkar, S/O. Late Subrata Sarkar,
3. Shri Subhrajit Sarkar, S/O. Late Subrata Sarkar.
All are residents of Madhya Para, Ward No.1 of Belonia Municipal Council,
P.O. & P.S.:-Belonia, District-South Tripura, PIN:-799155.
.........Respondent(s).
For Petitioner(s) : Mr. P.K. Pal, Advocate,
Mr. S. Datta, Advocate,
Mr. Abhinandan Pal, Advocate.
For Respondent(s) : None.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
Order
23/08/2024
Heard Mr. P.K. Pal, learned counsel for the petitioners who are the
judgment debtors in Execution (T) No.04 of 2022. Execution case has been
instituted by the plaintiffs on the strength of the judgment and decree dated
30.07.2018 and 01.08.2018 respectively passed in T.S. No.01 of 2015.
2. Petitioners filed an objection under Section 47 of the Civil
Procedure Code (CPC, for short) bearing Civil Misc. case No. 15 of 2023 in
the said execution case objecting to the executability of the decree dated
01.08.2018. Thereafter, they filed an application under Section 151 of the CPC
in the same application under Section 47 of the CPC to add certain pleadings
on behalf of the judgment debtors No.1 and 2. That has been rejected by the
impugned order dated 12.07.2024 by the Court of learned Civil Judge (Sr.
Division), Court No.1, South Tripura, Belonia holding, inter alia, as under:
"9. Have heard both the sides and have also gone through the
application of the Petitioner/Judgment debtors as well as the case records.
10. From the application of the Petitioner/Judgment-debtors filed
under section 151 of the Code of Civil Procedure, it appears that the proposed
amendment or addition of pleading sought by the Petitioner/Judgment debtors
at page 3 after para 5 in the application are all mentioned in the judgment
dated 30.07.2018 and final decree dated 01.08.2018 of the original suit being
No. Title Suit-01 of 2015 and in the Execution petition being case No. Ex. (T)
04 of 2023. As such it cannot be said that the Opposite parties/Decree holders
has given misleading statement or information in their Execution Petition
being case No. EX. (T) 04 of 2023.
11. The predecessor of Smt. Kabita Rani Das (Sarkar) namely, Lt.
Subrata Sarkar filed a suit being No. Title Suit-01 of 2015 for declaration of
title over the suit scheduled properties, and the suit was decreed on contest on
30.07.2018. Against the said judgment and decree the defendant Monabrata
Sarkar (now deceased) and Mayarani Deb (Judgment debtor No.1) filed a
First Appeal before the Hon'ble High Court of Tripura being case No.RFA 18
of 2018, but the said appeal was dismissed. That against the said decision no
appeal was preferred by the Petitioner/judgment debtors in any appellate
Forum. Meanwhile the Opposite parties/Decree-holder died intestate leaving
behind his wife Smt. Kabita Rani Das (Sarkar) and sons Sri Supratim Sarkar
and Sri Subhrajit Sarkar and on the basis of the Survival certificate they have
filed the Execution petition for execution of the decree.
12. The Petitioner/Judgment debtors did not filed any appeal
against the judgment and order dated 20.04.2021 of the Hon'ble High Court
of Tripura in connection with Case No. RFA 18 of 2018. The proposed
amendment or addition of pleading sought by the Petitioners/Judgment
debtors are all mentioned in the judgment dated 30.07.2018 and final decree
dated 01.08.2018 of the original suit being No. Title Suit 01 of 2015 and also
in the Execution petition being No. Ex.(T) 04 of 2023. So, the application
filed by the Petitioners/Judgment debtors under section 151 of the Code of
Civil Procedure cannot be considered being devoid of merit.
13. Accordingly, the application filed under Section 151 of the
Code of Civil Procedure by the Petitioners/judgment debtors 1 and 2 for
amendment/addition of pleading in the instant application under section 47 of
the Code of Civil Procedure is hereby rejected.
14. Next date be fixed for hearing on the application filed under
section 47 of the Code of Civil Procedure.
Fix 24.07.2024 for hearing."
3. It appears upon hearing learned counsel for the petitioners and
after going through the impugned order that the amendment proposed to the
Section 47 petition intends to incorporate the description of the suit land which,
according to the petitioners, is not reflected in the execution petition. The
learned Executing Court, however, has come to a categorical finding that
proposed amendment or addition of pleadings sought by the petitioners/
judgment debtors are all mentioned in the judgment dated 30.07.2018 and final
decree dated 01.08.2018 of the original suit being T.S. No.01 of 2015 and so
also in the execution petition being Ex. (T) No.04 of 2022. Therefore, the
application filed by the Judgment debtors/petitioners herein under Section 151
of the CPC cannot be considered as it is devoid of merit.
4. Learned counsel for the petitioners submits that the objection
under Section 47 of CPC is to execution of the judgment and decree which may
go beyond the description of the suit land.
5. The Executing Court is to execute only the suit land described in
the decree in question, then there is no reason to apprehend the execution of the
decree beyond the suit land described in the judgment and decree.
6. In that view of the matter, the instant petition is disposed of
without interfering in the impugned order. Needless to say, petitioners have
already preferred a petition under Section 47 of the CPC before the Executing
Court in respect of the decree in question. Petitioners are at liberty to press the
Section 47 petition before the learned Executing Court on the available
grounds.
7. The instant revision petition stands disposed of accordingly.
Pending application(s), if any, also stands disposed of.
(APARESH KUMAR SINGH), CJ
Pulak
SIDDHARTHA LODH LODH
Date: 2024.08.29 16:44:23 +05'30'
