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2004 DIGILAW 1152 (SC)

Pabitra Das v. Lachmi Narayan Gupta

2004-09-03

B.N.AGRAWAL, H.K.SEMA

body2004
JUDGMENT : Heard learned counsel for the parties. 2. Leave granted. 3. By the impugned order, the High Court of Jharkhand has dismissed revision application filed before it challenging order dated 29th November, 2002, passed by Munsif, Chaibasa, in Execution Case No. 6/(S) of 1992, whereby he had dismissed the application filed by the decree-holder for restoration of Execution Case No. 6 of 1992. 4. Having herd the learned counsel for the parties and perused the impugned order, we are of the view that the High Court was not justified in confirming order passed by the Executing Court and in the facts an circumstances of the case, it should have restored the execution case to its original file. 5. Accordingly, we allow the appeal, set aside the order of the High Court and restore Execution Case No. 6 of 1992 to it original file. Appeal allowed.