Imam, J.

1. This is an application against the order of the District Magistrate of Saran directing further enquiry into a complaint which was dismissed by the Sub-divisional Magistrate of Siwan. The complaint having been filed, the magistrate had asked the parties to appear before him on the 10th of Octouer, 1950. On that date as he was unable to deal with the matter, he adjourned the question of consideration of the complaint until the 16th of November, 1950, when both parties were present and were heard. Both the parties produced rent receipts from the landlords and submissions were made. The magistrate, being of the opinion that the matter was one of a civil dispute, dismissed the complaint. That order was set aside by the District Magistrate on the ground that there had been no examination of the complainant on solemn affirmation as required under Sec.202 (200?) of the Code of Criminal Procedure and further that since the complainant had been declared by a civil Court to be an heir of the recorded tenant, it was not necessary for him to get delivery of possession through Court, which according to the District Magistrate appeared to be the view of the Sub-divisional Magi