TAPAN CHANDRA DEB BARMA AND ORS. Vs. DULAL CHANDRA DEB BARMA AND ORS.

JUDGEMENT

(1.) I propose to dispose of the two civil revisions as they involve common questions of law touching the jurisdiction of the appellate Court to hear appeals arising out of an order under Section 47, Civil P. C. passed on or after 1 -2 -1977.

(2.) THE petitioners are Judgment -Debtors. Dulal Chandra Deb Barma instituted Title Suit No. 10 of 1956 and obtained a decree. The Judgment -Debtors preferred abortive appeals. No further appeal was taken. The decree -holder plaintiffs took preliminary steps for preparation of the decrees, after their preparations execution proceedings were started. On registration of the Execution Cases notices were issued on the Judgment -Debtors who appeared and filed separate sets of objections under Section 47 of the Civil P. C. As such two Misc. Cases stemmed before Shri B. K. Bhattacharjee, Subordinate Judge, Tripura West at Agartala: (1) Civil Misc. Case No. 24 of 1974 (connected with Civil Revision No. 2 of 1978) and (2) Misc. Case No. 26 of 1975 (connected with Civil Revision No. 3 Of 1978). The objections of the petitioners were heard by the learned Subordinate Judge who by a common order dated 29 -4 -1977 held that the execution of the decrees could not be proceeded with and allowed the Misc. Cases.

(3.) THEREFORE , in view of the amendment made in the Civil P. C. in amending Section 2(1) (a) and the provisions of repeal and savings contained in Chapter V, Section 97 of the Amendment Act, it was urged before the appellate Court that it had no jurisdiction to hear the appeals. The appellate Court held that it had jurisdiction to entertain and dispose the appeals in view of the provisions contained in Section 99A as introduced by Section 96 of "the Amendment Act."