- (1.) This application is at the instance of the respondent no.1 and is directed against the judgment dated October 30, 2006 passed by the learned Judge, 2 nd Bench, City Civil Court, Calcutta in Misc. Appeal No.15 of 2006 thereby reversing the order dated January 6, 2006 passed by the learned Judge, 6 th Bench, Small Causes Court, Calcutta in Misc. Case No.348 of 2001.
(2.) An application under Order 21 Rule 106 praying for setting aside or recalling the order dated March 19, 2001 passed in Misc. Case No.214 of 2000 was filed by the decree-holder and the said application was registered as Misc. Case No.348 of 2001.
(3.) Upon hearing both the sides, the learned Executing Court dismissed the said Misc. Case No.348 of 2001 on the ground that the misc. case is barred by limitation. Being aggrieved by such order, the decree-holder preferred the said misc. appeal which was allowed on contest. Being aggrieved by such order, the judgment debtor / respondent has preferred the present application under Article 227 of the C.P.C.;