Misra, J.

1. This civil revision application arises out of an order passed by the learned second Additional Munsif of Arrah, on the 8th of January, 1953, in Miscellaneous Case No. 7 of 1952, in the following circumstances. The petitioner was the plaintiff in a suit for declaration of title and recovery of possession over an area of one katha comprised in plot Nos. 2448 and 2452 of village Kurmuri in the district of Shahabad. The allegation of the plaintiff was that these two plots of land belonged to him.

The defendants, however, who are opposite party in the present application, encroached upon the disputed portion by demolishing the boundary ridge between these two plots and plot No. 2451 belonging to the defendants. The suit was pending in the Court of the leaned Munsif, First Court, Arrah, and an injunction was issued by that Court at the instance of the petitioner on the 25th of March 1952 restraining the defendants from going on with their construction by way of digging foundation and raising walls etc.over the encroached portion.

The petitioner applied subsequently under Order 39, Rule 2, Sub-rule (3) of the Code of Civil Procedure for action against the defendants-