31.08.2026 Item No.9 Ct. No.8 MKP IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI C.O.129 of 2026 Lakkhi Narayan Jaiswal @ Lakkhi Narayan Prasad Vs. Bharti Devi And Ors. Mr. Mayank Bhandari, Ms. Suchitra Roy. …..For the Appellant 1. The learned advocate submits that the petitioner is a judgment debtor against him an exparte decree of eviction has been passed on the ground of default and subsequently the landlord has preferred an execution, in the execution case the tenant has entered appearance. One of the judgment debtors being the petitioner has entered appearance and has filed the objection to the application through which the decree-holder landlord has sought for police help. 2 2. The learned advocate further submits that the decree-holder landlord has now sought for treating the application for police help as an application under Order XXI Rule 97 of the Code of Civil Procedure. 3. He further submits that written objection to the application seeking police help has been filed but a copy of the said application through which the decree-holder landlord has sought for converting for police help into an application under Order XXI Rule 97 has not been served upon the judgment debtor. 4. In such circumstance, the petitioner judgment debtor seeks a direction from this Court so that the decree holder may serve a copy of the said application to the petitioner/judgment debtor. 5. Heard the learned Counsel the prayer sought by the petitioner/judgment debtor is to have a copy of the application through which the decree- holder has prayed for treating the said application filed under Section 151 of 3 the Code Civil Procedure seeking police help to be an application under Order XXI Rule 97 of the Code of Civil Procedure. 6. From the later part of the order no.28 dated 05.08.2026, it transpires that the petition has been filed on behalf of the judgment debtor, in this regard this Court is of the view that audi alteram partem is to be followed which provides natural justice as such, the learned Trial Court is to see that natural justice is followed. 7. The present revisional application is disposed of in this context. 8. C.O.129 of 2026 is disposed of. 9. Urgent certified copy of the order be supplied to the parties if applied upon completion of all required formalities. (Supratim Bhattacharya, J.)