Mungeshwar Sahoo, J.

Heard the learned counsel for the petitioners and the learned counsel for the respondents.

2. Perused the impugned order dated 02.07.2016 passed by Sub Judge III, Buxar in Miscellaneous Case No. 11 of 2010 whereby the learned Court below has rejected the application filed by the present petitioner under Order 7, Rule 11 (a) C.P.C.

3. It appears that partition suit was filed by the present petitioner. The suit was decreed ex parte against defendant No.1. Thereafter, the respondent No.1 herein Smt. Jaya Singh filed the application under Order 9, Rule 13 C.P.C. before the Court below for setting aside the ex parte decree against defendant No.1, Upendra Kumar on the ground that she is the power of attorney holder of defendant No.1 and the judgment and decree has been passed against said Upendra Kumar.

4. This petitioner filed application before the Court below for rejection of the said miscellaneous case on the ground that it is not maintainable at the instance of Jaya Singh who is purchaser from Upendra Kumar, defendant No.1. The said application was rejected against which CWJC No. 12196 of 2014 was filed. This Court in CWJC No. 12196 of 2014 by terms of order