ASHISH N.TRIVEDI, J.

1. :-

This Civil Revision under Sec. 115 of the Code of Civil Procedure (for short C.P.C.) is directed against the order dated 2-5-1988 passed by learned Subordinate Judge-VII, Patna, the Executing Court, in Misc. Case No. 19 of 1981 rejecting the petitioner application purported to have been made under Order XXI, Rule 97, C.P.C. in Execution Case No. 2 of 1973.

2 On 25-5-1988 a learned single Judge of this Court while admitting the Civil Revision for hearing was of the opinion that the decision of the learned single Judge in Kumar Krishna Nand V/s. Babu Lal Sah, 1987 Bihar Law Judgment 306, requires reconsideration and therefore directed that the Civil Revision be heard by a Division Bench. It was further directed that during the pendency of the Civil Revision further proceedings in Execution Case No. 2 of 1973 pending in the Court of Subordinate Judge-VII, Patna shall remain stayed and liberty was granted to the Opposite Party to apply for vacation/modification of the stay order after putting in appearance.

3. According to the petitioner one Aditya Narain Lal, since deceased, had one son Rabindra Narain Lal and four daughters i.e. Champa Devi, Nirmala