On behalf of the Decree Holder hazira signed by one Jamiruddin Ahammed and Ld. Advocate Mr. M. Sarkar, is filed. The record shows that no VOKALOTNAMA has been filed in this case.
On behalf of the Decree Holder a petition signed by Ld. Advocate, Mr. Sarkar is also filed praying to issue non-bailable W/A against the persons who were not parties to the claim case. Nothing is found on record showing that Ld. Advocate Mr. M. Sarkar has authority to file this petition. Moreover, the contains of the petition is sufficient to take decision that the petition is not tenable.
Hence, the petition files this day, is rejected.
On scrutiny of the record it appears that this day has been fix for E/R of W/A and the execution petition was filed by one Dali Das and 13 others but the petition was signed by one Jamiruddin Ahammed.
Nothing is coming to show that Jamiruddin Ahamed was the party to the claim case.
It further appears that the Ld. Advocate Mr. Sarkar whose authority has not been proved by any document, put his signature only in the first page of the execution petition.
Considering the facts as mentioned above the Forum is of the opinion that the execution petition is liable to be rejected.
Hence, it is
Ordered
that the execution case be and the same is rejected without cost. Recall W/A issued against the JDR vide order No.3 dated 15.01.2014.
The case is thus disposed of.