JATINDRA MOHAN BANERJEE Vs. KALI CHARAN ALIAS KALIPADA SARKAR
LAWS(CAL)-1960-2-20
HIGH COURT OF CALCUTTA
Decided on February 26,1960

JATINDRA MOHAN BANERJEE Appellant
VERSUS
KALI CHARAN ALIAS KALIPADA SARKAR Respondents

JUDGEMENT

P.Chatterjee, J. - (1.) This second appeal is on behalf of the plaintiffs decree-holders. In this second appeal an important question of procedure has arisen. The question is regarding the executability of a decree for injunction in a representative suit. The defendants were sued in a representative capacity and a decree was passed against them. All the persons against whom execution has been applied for were not eo nomine parties to the suit. The question is whether the decree can be executed against such persons.
(2.) The plaintiffs applied for execution of the decree against persons who were parties defendants by name and also against persons who were not parties by name. The objection now under consideration is one by persons whose names did not appear on the decree. It is stated that the decree could not be executed against the objectors respondents. It is submitted that the relevant rule is Order 21 Rule 32 of the Code of Civil Procedure. That rule says: "Where the party against whom a decree for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced for an injunction by his detention in the civil prison, or by the attachment of his property, or by both". Hence it is submitted that the decree can be executed against a party to the decree. What is alleged is that the judgment-debtors were not eo nomine patties to the suit; their names do not appear on the record. Therefore, the decree cannot be executed against them.
(3.) The question is whether such persons are to be treated as parties against whom the decree was passed. It is contended they cannot be.;


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