AIR 1960 CALCUTTA 623

Calcutta High Court

Hon'ble Judge(s): Purushottam Chatterjee , J

Civil P.C. (5 of 1908) , S.146, S.47, O.21 R.32— Representative suit - Decree for injunction - Execution against parties not on record - Can be ordered u/S.146 - Applicability of S.47(3). A decree for injunction obtained against the defendants in a representative suit can be executed, under O. 21 R. 32, against those defendants who were not eo nomine parties to the suit. Though such defendants are neither the legal representatives nor the transferees within the meaning of O. 21 Rr. 16 and 22, yet as the execution proceeding is a proceeding within the meaning of S. 146, it can proceed against such defendants as they claim the same title under or are equally interested as the defendants who were parties on record to the suit. And any finding by the execution Court on the objections raised by such defendants on merits will fall within the scope of S. 47(3). (S) AIR 1955 SC 376 and AIR 1958 SC 394, Foll; (S) AIR 1955 All 335 and AIR 1942 Lah 136 Ref.; (S) AIR 1955 Mad 281 (FB), Not foll.(Para 13 15 21 23) .....