Sanjib Banerjee, J. - (1.) The appeal arises out of the rejection of a petition that was originally fashioned as one under Section 47 of the Code of Civil Procedure, but was later required to be regarded as one under Order XXI Rule 58 thereof.
(2.) The property in question is the land and buildings used as a cold storage and is in Village Baikunthapur, P.O. Sankarpur, P.S.- Daspur, District Paschim Medinipur.
(3.) The appellant herein instituted a money suit in the year 2003 in a court in Ghatal, claiming a principal sum of Rs.70,96,857.90/-. The claim was on account of the balance dues for the construction of the cold storage and ancillary works. The plaint relating to the suit included a schedule describing the cold storage and the land relating thereto. Such suit was decreed on October 12, 2004 on the following lines: "that the suit be and the same is decreed exparte in part with cost against the defendants. The plaintiff do get a decree for Rs.70,96,857.90p against the defendants together with interest from 20.01.2003 till the date of realisation over the said amount at the rate of 6% per annum. The defendants are directed to repay the decretal amount with interest within four months from this date. The defendants are permanently restrained from transferring the 'A' schedule suit store to third party till realisation of the decretal amount in full and that the sum of Rs.86,275.00 to be paid by the Defendant to the plaintiff on account of the costs of this suit, with interest thereon at the rate of Nil percent per annum from this date to date of realisation. ...";