D ARUMUGAM Vs. A G APARAJ

JUDGEMENT

(1.) This revision petition is filed challenging the order dated 24.3.1998 passed by the learned District Munsif, Tiruchirapalli in E.A.No.175 of 1998 in E.P.No.870 of 1996 in Trichy Sub Court's O.S.No.220 of 1993.

(2.) The revision petitioner filed a petition under Order 21 Rule 105 and Section 151 C.P.C. to restore the petition in E.A.No.407 of 1997 which was dismissed for default on 6.2.1998. While that petition was pending enquiry after the respondent filed the counter affidavit on 20.3.1998, the learned District Munsif, Tiruchirapalli heard both sides and passed the impugned order on merits dismissing the said petition on 24.3.1998. The revision petitioner has come forward with this petition challenging the said order passed by the executing Court.

(3.) The learned counsel for the respondents has argued at the outset that this petition is not maintainable in law for the simple reason that only an appeal will lie against the impugned order in view of the provisions under Order 43 Rule 1(ja) of the Civil Procedure Code which provides as follows: