SHRI NIAWAH SINGH Vs. CHANDRADEO SINGH

JUDGEMENT

(1.) HEARD .

(2.) THIS is an application by the defendant -petitioner against order dated 29.07.2005 passed by the Additional Munsif I, Jamui in Eviction Case No. 12 of 1989. By the said order, the learned Munsif has recalled his earlier order dated 21.08.2003 by which in terms of Section 10 of CPC, the proceedings in the present eviction suit was stayed. It is submitted that this amounted to review of earlier order which power is circumscribed by the provisions of the Code of Civil Procedure.

(3.) ON behalf of the defendant -petitioner, it is first submitted that in substance, the application of the plaintiff being in the nature of an application for review, the case did not fall within the parametres of Order 47 and review was not permissible. The remedy available to the plaintiff was to challenge the aforesaid order in revision.