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2008 Supreme(Pat) 379

J.N.SINGH, CHANDRAMAULI KR.PRASAD
Najbun Nisa @ Najmul Nisa – Appellant
Versus
Masrool Alam – Respondent


Judgment

1. Petitioner aggrieved by the order dated 17.4.2007 passed by the Subordinate Judge, Buxar in Miscellaneous Case No. 2 of 2007 declining to admit the application filed under Or. 21, R. 97 of the Code of Civil Procedure has preferred this Civil Revision application.

2. Mr. Shashi Shekhar Dwivedi, Senior Advocate, appears on behalf of the petitioner, whereas Opposite Party is represented by Mr. S.K. Verma, Senior Advocate.

3. Stamp Reporter, relying on an order dated 20.6.2001 passed in Jawahar Lal Singh V/s. Poonam Chand Jaiswal, Civil Revision No. 887 of 2001 has objected to the maintainability of the revision application. Thereafter when the matter was placed before a learned Single Judge of this Court on 16.5.2002 he had referred the matter for decision by the Division Bench.

4. That is how the matter has been placed before us.

5. Shorn of unnecessary details, facts giving rise to the present application are that the petitioner filed application under Or. 21, R. 97 of the Code of Civil Procedure, hereinafter referred to as the Code, alleging apprehension that she may be dispossessed from the property in execution of a decree. It was registered as Miscellaneous Case No. 2










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