MONORANJAN MULLICK, J.

( 1 ) - This revision petition is directed against the order dated 19,12. 86 passed in Case No. M-18 of 1988 under Section 125 of the Criminal Procedure Code by the metropolitan Magistrate, 11th Court, Calcutta by which the Metropolitan Magistrate restored the opposite party-wife's application for maintenance u/s 125 Criminal Procedure Code to its original fife which was dismissed for default on 29. 9. 86.

( 2 ) ON behalf of the petitioner husband it is submitted that the order of the Learned Magistrate setting aside the order dismissing the application for default and restoring such application. to its original file is an illegal order and cannot be sustained and therefore, such an order is liable to be set aside.

( 3 ) THE revision is resisted by the opposite party-wife.

( 4 ) ON pursuing the order passed by the Learned Magistrate, dated 19. 12. 86, I am of the view that by that order the Learned Magistrate appears to have reviewed his earlier order setting aside the order, dated 29. 9. 86 dismissing the application for maintenance u/s 125 Criminal Procedure Code for default. Even though the proceeding u/s 125 Criminal Procedure Code is not criminal pro

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