DAMBARUDHAR MOHANTA Vs. MANGULU CHARAN NAIK

JUDGEMENT

(1.) Heard.

(2.) This writ petition stands disposed of at the stage of admission after hearing learned counsel for the petitioner and finding no illegality in the impugned order passed by the District Judge, Keonjhar in Civil Revision No. 14 of 1994.

(3.) Petitioner is the judgment-debtor and the opposite party No. 1 is the decree-holders in Execution Case No. 23 of 1983 of the Court of Civil Judge (Senior Division), Keonjhar. That Execution Case was dismissed for default on 25-6-1993 because of not taking requisite step by the decree- holder. On 3-2-1994 application for restoration vide M.J.C. No. 69 of 1993 filed by the petitioner was rejected by learned Civil Judge on the ground that the provision in Section 151, C.P.C. is not applicable for restoration and that the provision under Order 21, Rule 106, CPC is applicable but the petition being barred by time the prayer for restoration cannot be allowed.