ANJANI KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) This appeal purporting to be under Section 341, Cr PC is directed against the order dated 23-6-1984 of the Subordinate Judge, Vaishali, This miscellaneous case was filed under Section 151, CPC for restoration of Misc. Case No. 11/78 filed by the appellant's father late Vaishi Singh for inquiry under Section 340, Cr PC against the respondent for prosecution of the respondent for allegedly making interpolation in the records of Partition Suit No. 8 of 1972. The learned Subordinate Judge decreed the suit in terms of compromise entered into by the parties.

(2.) It is not necessary to state the nature of interpolation allegedly made by the respondent. The simple question for consideration is whether the order of the Subordinate Judge dismissing the restoration petition is just and legal order. According to the Sub-ordinate judge when the application under Section 340, Cr PC is dismissed for default the order is revisable by the superior Court under Sections 399 and 400, Cr PC.

(3.) In Deonandan Singh V/s. Ramlakhan Singh, 1948 AIR(Pat) 356, a Full Bench of this Court has held hat when the appellate order passed under Section 476-B by civil or revene Court, the revision application is governed by Section 115, CPC and not by Section 439, Cr PC. A Civil Court acting under Section 476 does not exercise any criminal jurisdiction, so the appellate order would be revisable under Section 115, CPC.