KUMAR PASHUPATINATH MALIA & ANOTHER vs DEBA PROSANNA MUKHERJEE.

The Supreme Court held that the order dated January 30, 1937, was a final dismissal of the execution petition, and thus no execution proceeding was pending on January 1, 1939, as per Section 2(22) of the Bengal Money Lenders Act (X of 1940). The Court ruled that the attachment continued due to a special order under Order 21, Rule 57 of the Civil Procedure Code, but this did not constitute a pending execution proceeding. Consequently, the decree sought to be reopened was not applicable under Section 36(2) of the Act, and the court had no power to reopen the transactions.