- (1.) The decree-holders/opposite parties filed an application under Rule 208 of the Civil Rules and Orders of the High Court, Calcutta for grant of police help in aid of execution of an eviction decree passed against the judgment-debtors/petitioners herein.
(2.) The petitioners who are some of the judgment-debtors appeared in the said proceeding and filed an application by inviting the learned Executing Court to convert the decree-holders, said application under Rule 208 of the Civil Rules and Orders to an application under Order 21 Rule 97 of the Code of Civil Procedure, as according to the petitioners, Rule 208 of the Civil Rules and Orders cannot be invoked when allegations regarding offering of resistance to the execution of the decree is made in the application against any specified and particular obstructer. THE petitioners also prayed for issuance of notice relating to the said proceeding under Rule 208 of the Civil Rules and Orders to all the judgment-debtors, as according to the petitioners, such proceeding cannot be concluded without service of notice of the said proceeding upon all the judgment- debtors. The learned Executing Court rejected the petitioners' said application by the impugned order dated 13th December, 2007. The petitioners are aggrieved by the said order. Hence the petitioners have come before this Court with this application under Article 227 of the Constitution of India for challenging the said order.
(3.) Heard Mr. Mukherjee, learned Advocate appearing on behalf of the petitioners and Mr. Mallick, learned Advocate appearing on behalf of the opposite parties. Let me now consider as to how far the learned Executing Court was justified in passing the impugned order in the facts of the instant case.;