RAVI SANEI Vs. RAJESH SANEI

JUDGEMENT

(1.) The Learned Counsel Ms. Noelle Banerjee appearing for the judgment-debtor/the petitioner in GA 1/2023 has submitted that the instant execution case is not maintainable since a declaratory decree has been passed without having any observation how to execute such decree in case of default. As such the instant proceeding is not maintainable.

(2.) The Learned Counsel has relied upon several case laws reported at AIR (1923) Cal 252 (para 5), (2013) 4 CLT 1 (para 35).

(3.) Moreover, the Execution Application being No. EC 190 of 2023 was moved without any notice to the respondents after more than two years of passing of the decree, and further, direction of filing affidavit of assets and the order of attachment of the property of the judgment debtor no. 1 are beyond the scope of order 21 of the C.P.C. in view of the factual matrix of the suit.