ANIL KUMAR Vs. AFZAL ANEES

JUDGEMENT

(1.) In this petition under Article 227 of the Constitution of India the petitioner has called in question the validity of the order dated 7-2-2009 by which the application preferred by the petitioner under Section 47 of the Code of Civil Procedure has been rejected.

(2.) In view of the law laid down by this Court in Sawal Singh Vs. Ramsakhi (Smt.),2002 2 MPLJ 201, civil revision is maintainable against the order passed in execution proceeding.

(3.) In view of the aforesaid, the writ petition is dismissed. However, the petitioner would be at liberty to challenge the validity of the impugned order in civil revision, if so advised. The office is directed to supply the certified copy of the impugned order filed along with this petition to the learned Counsel for the petitioner on substitution thereof by photocopy.