RAJ KUMARI GHOSH & ORS. Vs. PRADIP ROY & ORS.
LAWS(CAL)-1996-4-39
HIGH COURT OF CALCUTTA
Decided on April 03,1996

Raj Kumari Ghosh And Ors. Appellant
VERSUS
Pradip Roy And Ors. Respondents


Referred Judgements :-

MRS. AJIT ROY V. JNENDRA NATH DEY [REFERRED TO]
GOPI KRISHNA MAJI VS. JUDHISTIR DEY [REFERRED TO]


JUDGEMENT

Nripendra Kumar Bhattacharya, J. - (1.)Heard the submission of the Learned Senior Advocate Mr. Asoke K.R. Sen Gupta being assisted by Mr. Samirendra Mohan Chowdhury and the Learned Senior Advocate for the Caveator-opposite parties, Mr. Bhaskar Bhattacharjee being assisted by Mr. Harish Tandon. Considered the materials on record.
(2.)The judgment debtors, as petitioners, by the instant revision, have challenged order No. 105 dated 1.3.96 passed in Misc. Case of. 1314/1986 which has been registered before the Learned Judge, 9th Jench, City Civil Court, Calcutta, upon an application under Order 21 Rule 97 of the C.P.C. read with Rule 208 of the Civil Rules and orders, praying for -police help on the ground that the decree could executed because of resistance and there was apprehension of reach of peace. The said prayer has been granted by the Learned Judge by the order impugned and the judgment debtors have challenged hat order in this revision.
(3.)In this back-drop Mr. Sen Gupta contended that there is no revision under Order 21 Rules 97 and 98 of the C.P.C. for granting on line help and the same can be granted only under Rule 208 of the civil Rules and Orders on fulfilment of certain conditions as enshrined under sub-rule (1) of Rule 208 of the said Rules. In support of his contention Mr. Sen Gupta relied on a Single Bench decision in the case Mrs. Ajit Roy Vs. Jnendra Nath Dey reported in AIR 1975 7 Calcutta 433 and particularly upon Paragraph 8 of that decision. At 7 age 435 in Paragraphs 7 and 8 of that decision it has been held as belows:-
"The prayer for police help may be made by the decree-holder either in an application under Rule 97 and/or 98 of Order 21 of C.P.C. or separately without filing such application or before any specific obstruction made by a particular person". Para-8

But Rule 208 can be used only in exceptional cases and not too readily when the Court will be of opinion that unless police help is given there will be danger to the public peace on account of the execution of the decree. This application for police help is a discretionary mailer to the Learned Judicial Officer who deals with it. So, it is evident that even before the obstruction, Order 21 Rule 97/98 of the C.P.C. can be resorted to and Rule 208 of the Civil Rules and Orders is available only upon obstruction or resistance. Mr. Sen Gupta also relied on another decision of a Single Bench in the case of Gopi Krishna Majhi Vs. Judisthir Dey reported in AIR 1995 Calcutta 263. In that decision the Learned Single Judge held that where the resistance has been offered in executing the decree by a third person, in that case, Order 21 Rule 5 read with Sec. 151 of the C.P.C. is not available and when the resistance is offered by a judgment debtor, in that case Order 21 Rule 5 is available.

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