NARENDRA KUMAR CHAWDA Vs. KEONJHAR MUNICIPAL COUNCIL

JUDGEMENT

(1.) HEARD argument, and on consent of both the parties this Civil Revision stands disposed of at the stage of hearing on admission in the following manner.

(2.) THIS Civil Revision is filed by the appellant of Title Appeal No. 30 of 1997, presently pending in the Court of Civil Judge (Sr. Division), Keonjhar, as against the order of rejecting the application under Order 41, Rule 27, C.P.C. vide the composite order dated 17.2.2001.

(3.) LEARNED counsel for the petitioner argues that the lower appellate Court has exercised the jurisdiction vested in him with material irregularities in as much as in the cited authorities there is no proposition of law that an application under Order 41, Rule 27, C.P.C. is to be rejected because the appeal has not been taken up for hearing. The opposite parties, however, defend to the correctness of the impugned order.