Code of Civil Procedure, 1908–Order 21, Rule 11–Execution of decree of eviction–Tenant committed the default which led to the filing of the application under Order 21, Rule 11–Execution Court held that the decree was liable to be executed–Order attained finality because it was never challenged–After four years, judgment-debtor moved the application to set aside the order with the stand that the tenants never committed any default in payment of rent–Dismissal of application on the ground of maintainability–Appeal against–Allowed–High Court also dismissed the writ petition–Whether proper?–Held, no–Principle of constructive res judicata was applicable and Executing Court rightly dismissed the application–Impugned orders passed by the Appellate Court and High Court are liable to be set aside.
