(1.) The facts necessary for the disposal of this Civil Revision petition are as follows:- When the decree holder applied for delivery of possession of the decree schedule properties, the present revision petitioner, who is a stranger to the suit, filed an obstruction petition and ultimately that obstruction petition was dismissed by the High Court on the ground that, being a stranger to the suit, he had no right to approach the court except under O.21, R.100, Code of Civil Procedure, that is to say on the ground, that he could file the obstruction petition only after dispossession by the amin. The High Courts decision is reported in 1955 KLT 413 . Thereafter certain proceedings intervened, and ultimately the decree holder himself made an application to the lower court in pursuance of which notice was issued to the revision petitioner to show cause why his obstruction should not be removed and the property delivered over to the decree holder. At that stage and in answer to the notice to him the revision petitioner again came forward with a petition saying that he was in possession of the property independently of the judgment debtors and the property should not therefore be delivered over to the plaintiff. Without inquiring into this petition and holding that it was bound by the decision in 1955 KLT 413 the lower court dismissed the obstruction petition. In the order dismissing the obstruction petition it observed:
(2.) I have no doubt that the order complained against in the revision petition is unsustainable. O.21, R.97, Civil Procedure Code, provides:
(3.) For these reasons, I hold that the order of the lower court is unsustainable and allow the civil revision petition with costs.