B.N. Agrawal JUDGMENT
B.N. Agrawal, J.
1. Leave granted.
2. In this appeal decree holder-appellant has challenged the judgment rendered by Patna High Court whereby revision application has been allowed, order passed by the executing Court, rejecting objection under Section 47 of the Code of Civil Procedure (hereinafter referred to as the 'Code') to the executability of decree passed in title suit No. 115 of 1977, set aside and objection allowed.
3.Plaintiff-appellant filed suit for a declaration that order dated 11th October, 1977, passed by defendant No. 2 (respondent No. 3) who was Secretary of Governing Body, Ganga Singh College, terminating the services of plaintiff, was illegal. According to the case of the plaintiff disclosed in the plaint, he was appointed as Routine-cum-Examination Clerk in the said college, which was affiliated to Bihar University, by Principal of the College on 8.1.1977 which was subsequently approved by the ad hoc Governing Body. After constitution of the regular Governing Body, defendant No. 2 passed an order terminating the services of plaintiff in contravention of Statutes of Bihar University which necessitated filing of the present suit. In the said suit, the Governing Body of the College in question which was defendant No. 1 entered appearance but no written statement was filed and the defendant absented itself and the suit was fixed for ex parte hearing which was decreed ex parte and the defendants were permanently restrained from giving effect to the order of termination. As the judgment debtors refused to comply the directions contained in the decree, the appellant levied execution. In the said execution case, an objection under Section 47 of the Code was filed on behalf of Principal of the College as well as the Bihar University objecting to the executability of the decree on grounds, inter alia, that during the pendency of the suit on 1st October, 1980, the College in question became the constituent unit of the Bihar University and the erstwhile Governing Body ceased to exist but the University was not impleaded party in the suit and consequently the decree was not executable against it inasmuch as the ex parte decree was obtained against the erstwhile management by suppressing this fact. As subsequently during the pendency of the execution case, Jai Prakash University was formed and the college in question thereupon became a constituent unit of the said University, the same also filed similar objection to the executability of the decree.
4. The executing court allowed the objection and thereafter when the matter was taken to the High Court in revision, the case was remanded to the executing Court to dispose of the objection afresh after giving opportunity of adducing evidence to the parties. After remand the parties adduced evidence in support of their respective cases and the executing Court by its order ........