JAYANTA KUMAR BISWAS, J. - (1.) THE GA No.2354 of 2009 dated August 24, 2009 has been filed by one Asim Guha Thakurata under s.47 CPC.
(2.) THE decree -holders instituted EC No.55 of 2009 for execution of the decree passed in the suit (C.S.No.431 of 1997) on January 4, 1999 and Asim has filed the GA questioning the executability of the decree. Asim was not a party to the suit and Mr R Sarkar appearing for Asim has submitted that Asim is not a representative of any party to the suit as well. Hence the question is how Asim can maintain the s.47 application.
(3.) MR Sarkar has submitted that in view of a division bench decision of this court in Rubiren Engineering Corporation v. Abhoy Singh Surana & Ors., 1998(2) CHN 8, Asim, though a third party to the suit, can maintain the s.47 application.;