1. This is a decree-holders application in revision against the order of the 3rd Additional Subordinate Judge, Dumka allowing an application under Rule 58 of Order 21 of the Code of Civil Procedure (hereinafter referred to as the Code). Mr. Ghosal appearing in support of this application raised a question that the application under R.58 itself was not maintainable and therefore, the executing Court has committed an apparent error of jurisdiction.

2. The short facts for appreciating the question raised, for my consideration may be briefly stated. The property involved in this case is a piece of land with a house measuring 1 kathas 16 dhurs appertaining to plot No. 1900 situate within Pakur town. It was recorded in the name of one Lakshminia Bhagatwain, widow of late Thakur Prasad Bhagat. Lakshminia died leaving behind three sons namely, (1) Bhaglum (2) Jamuna and (3) Ganesh. The second son namely, Jamuna executed a mortgage bond in the year 1968 with respect to the said property in favour of the decree-holder describing himself as the sixteen annas owner of the land in question. On the basis of that mortgage bond, the petitioner brought a mortgage suit in the year 1970, in w