ARJUN PANDIT Vs. GUNADHAR PANDIT

JUDGEMENT

(1.) This Civil Revision application has filed against an order dated 26-6-1982, passed in an Execution proceeding under Section 47 of the Code ot Civil Procedure.

(2.) Earlier a Miscellaneous appeal bearing No. 5/83 before the District Judge Santhal Pargana, Dumka against the aforementioned order was filed which was also entertained and held maintainable in view of a Division Bench Judgment of this Court reported in 1979 BBCJ 571 and finally allowed by the 3rd Additional District Judge, Dumka vide his judgment dated 5-3-1986 (Annexure-1 to the civil revision application). The said judgment was challenged in Civil Revision No. 715 of 1986 which was finally allowed by me on 16-12-1988 in view of a Full Bench Judgment of this Court reported in 1986 BBCJ 600 over railing the Division Bench Judgment reported in 1979 BBCJ 571 holding that no appeal lies rather a revision lies against an order passed under Section 47 of the Code of Civil Procedure. Thereafter the petitioners obtained certified copy of the impugned order on 23-12-1988 and filed this civil revision application along with a limitation petition on 19th January, 1989. A show cause was filed by the opposite parties to the limitation petition and, thereafter the petitioners filed a supplementary affidavit to which also a reply was filed by the opposite party on 3-4-1989.

(3.) From perusal of the limitation petition, show cause of the opposite party 'the supplementary affidavit and reply ot the opposite party to the supplementary affidavit following facts emerges :-