KESHARDEO CHAMRIA vs RADHA KISSEN CHAMRIA AND OTHERSRADHA KISSEN CHAMRIA AND OT

The Supreme Court held that the Subordinate Judge's dismissal of an execution case without allowing the decree-holder's pleader to present his case was erroneous and constituted a denial of justice, thus justifying the restoration of the case under Section 151 of the Civil Procedure Code. The Court ruled that the High Court lacked jurisdiction to reverse the restoration order as it did not constitute a final determination under Section 47 of the Civil Procedure Code. Consequently, the High Court's order of remand was deemed illegal as the Subordinate Judge had acted within his jurisdiction and without material irregularity.