Item- 26. sg 02-09-2026 Ct. 6 CO 2965 of 2026 Mukunda Pal & Ors. Versus Tusar Kanti Pal Mr. Animesh Das …for the petitioners This application under Article 227 of the Constitution of India is at the instance of the judgment debtor and is directed against an order being No. 107 dated 12th August, 2026 passed by the learned Civil Judge (Junior Division), 2nd Court at Howrah, in Title Execution Case No. 748 of 2014. By the impugned order, the learned Judge of the Executing Court restored the title execution case which stood dismissed for default. Mr. Das, learned advocate appearing for the petitioner submits that the learned Judge of the Executing Court could not have been restored the execution case on an application under Section 151 of the Code of Civil Procedure being filed but the misc. case ought to have been registered. It is now well-settled that the procedures are handmaid of justice. The learned Judge of the Executing Court upon being satisfied with the grounds stated in the application under Section 151 of the Code of Civil Procedure, exercised his discretion and restored the title execution case subject to payment of cost. This Court in exercise of power under Article 227 of the Constitution of India is not inclined to interfere with such exercise of discretion by the learned Judge of the Executing Court. With the above observation, this civil revisional application stands disposed of. Urgent photostat certified copy of this order, if 2 applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.)