S.Banerjea, J. - (1.) The present revisional application under section 115 of the Code of Civil Procedure is directed against an order dated October 10, 1996 passed in Misc. Appeal No. 172/1991 by the learned Additional District Judge, Alipore, South 24-Parganas dismissing the appeal and affirming the order dated 28th March, 1991, passed in Misc. Case No. 27 of 1990 by the learned Assistant District Judge, First Court Alipore, rejecting the application of the petitioner under Order 22 Rule 10 of the Code of Civil Procedure.
(2.) Admittedly, the petitioner herein is not a Co-operative Society registered under the West Bengal Co-operative Societies Act, but is a proposed Co-operative Society (hereinafter referred to as the said society). The said society made an application under Order 22 Rule 10 of the Code of Civil Procedure before the Executive Court in a proceeding under section 47 of the Code of Civil Procedure being Misc. Case No. 27/90 arising out of Title Executive Case No. 18/81, inter alia on the contention that on 1st of May, 1987 by an un-registered agreement entered into between the judgment debtor and the said society, the judgment debtor agreed to sell the impugned land under certain terms and conditions indicating in the said agreement and pursuant to such agreement a part of the consideration has already been advanced and possession of the land has also been handed over to the said society.
(3.) Admittedly the suit (being suit No. 83/62) was filed by the decree holder against the judgment debtor for specific performance of contract which was decreed on 13th June, 1967 which was finally upheld by the High Court in 2nd Appeal No. 1584/69 by judgment and decree dated 9th June, 1978. The said decree was executed and the decree holder being the opposite party herein got a sale deed registered through the court.;