Or.21, rule 97,99 and 101 of C.P.C – when the transferee executing court dismissed the claim petition on the ground that it has become functus officio but not on merits – Revision by way Writ is maintainable but not appeal – 2015 S.C.(2014) MSK Law Reports 5
The present appellants filed an application under Order XXI, Rules 97, 99 and 101 of the Code of Civil Procedure (C.P.C.) - It was also put forth that an order of attachment was published in a local daily ‘Uditwani’ dated 23.10.1982 in respect of the scheduled property by the High Court of Calcutta in Suit No. 480 of 1971 and the father of the appellants coming to know of the same had filed an objection before the High Court which after considering the objection and taking note of the right, title and interest of the father of the appellants had released the said property from attachment but the 1st respondent by suppressing all the facts got the said schedule of property at...