K.K.Dutta, J.

1. This petition in revision arises out of an order staying an execution case which was filed by the present petitioner for executing a decree, which he had obtained from the Bombay City Civil Court, as against the opposite party and which decree had been transferred for execution to the court of Munsif 3rd, Gaya. The opposite party has filed a title suit, namely, title suit No. 74 of 1967 in the court of Munsif 3rd, Gaya, challenging the validity of the decree on the ground that it had been obtained by fraud and for declaration that the decree as null and void. After institution of the suit he filed, an application in that very suit for staying the execution case. As alleged by the petitioner, without issuing of any notice of this application to, the petitioner defendant the court passed an order on 17-1-1968 as follows:-

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"Stay execution proceeding as prayed. Inform."

The petitioner subsequently entgred appearance in the title suit and thereafter filed a petition on 21-11-1968, for, recalling the aforesaid order which had been passed on 17-1-1968. It was contended on behalf of the petitioner that the Court had no jurisdiction to stay the execution proceedin