N BANSIDHAR Vs. DWARAKALAL

JUDGEMENT

(1.) This revision petition is directed against the order passed by the Munsiff, Yadgir, on 5-7-1972 in Misc. Case No. 12/1971 rejecting the application file by the petitioner herein presumably under S. 144 CPC. the, relief sought in that application was to direct the respondent-landlord to refund the amount of rent drawn by him which the petitioner had deposited as per the orders of the Court passed in the eviction proceedings initiated on a petition hied by the respondent against him on the ground that he was in arrears of rent.

(2.) The trial court ultimately allowed the petition fued by the respondent and passed an order of eviction against the, petitioner on the said ground, and the District Judge, Guloarga, confirmed that order. But, this Court, in revision, set aside both the orders and remitted the case to the trial court to, dispose of the matter afresh, and it was thereafter the. application out of which this revision petition arises was filed.-

(3.) Sri Muralidhar Rao learned counsel for the respondent raised a preliminary objection regarding the maintainability of this revision petition. He contended that the impugned order purports to be one passed under S. 144 CPC. and that no revision under S. 115 CPC. lies against it.