R MAHADEVA Vs. MADAMMA

JUDGEMENT

(1.) THE short question that arises for consideration in this matter is the maintainability of the revision petition. The petitioner an applicant in i. a. iii before the executing court in execution No. 512 of 1990 on the file of the court of the small causes at mysore has filed this revision petition against an Order dated 23-10-1997, passed by the executing court, dismissing his petition, filed under Section 151, C. P. C. for impleading him as a party to the proceeding.

(2.) WHEN the matter came up for hearing on the question of admission, the learned counsel for the 2nd respondent contended that the revision petition is not maintainable, since the petitioner had to file an appeal if he is aggrieved by the impugned order.

(3.) THE facts of the case have been stated by the petitioner in the revision petition in paras 1 to 6. They can be quoted as follows: