MAHABIR SAH Vs. BIBI JUBEDA KHATOON

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This civil revision is directed against the order dated 9-6-2006 passed by the Court of the Sub Judge, Khagaria in Miscellaneous Case No. 3 of 2004, whereby the petition filed under Order IX, Rule 9 of the Code of Civil Procedure (hereinafter to be referred to as "the Code") for restoration of Execution Case No. I of 1997 has been allowed in favour of the contesting opposite party Nos. 1 to 4.

(3.) It had been submitted on behalf of the petitioner that if the impugned order had in case been passed in favour of the petitioner, then the execution case could have remained dismissed and the matter could have been decided finally in favour of the petitioner, thus, it had been urged that this civil revision would be maintainable in view of the provision to Section 115(1) of the Code.