(1.) Challenging in this writ application is to the order dated 13-1-2008 passed by the Sub-Judge-IX, Ranchi in Miscellaneous Case No. 1/2000 filed by the petitioner/defendant whereby the prayer of the petitioner made under Section 47 read with Section 151 of the Code of Civil Procedure for dismissing the Execution Case No. 9/98, was rejected.
(2.) Counter affidavit has been filed on behalf of the respondents.
(3.) Heard learned counsel for the petitioner and learned counsel for the respondent.