GYAN SUDHA MISRA, J.

( 1 ) THE petitioner is the defendant in a suit for specific performance which was filed by the plaintiff-respondent No. 2-Hukam singh in the year 1997. The defendant-petitioner was granted four months time to lead the evidence of rebuttal in the suit which he failed to avail; yet last opportunity was granted to him thereafter to lead evidence and finally when the matter was listed on 19-7-2003, the defendant-petitioner neither led any evidence nor he made a request to the Court to adjourn the matter and grant further time to lead evidence. Consequently, the trial Court closed the evidence of the defendant-petitioner and the matter was ordered to be listed for arguments on 31-7-2003.

( 2 ) THE petitioner thereafter has filed this writ petition challenging the aforesaid order on the ground that a revision is not maintainable against the impugned order in view of the amendment introduced in the code of Civil Procedure. It is however, contended that a writ petition under Article 227 of the -Constitution is maintainable in view of the pronouncement of the Supreme Court in Surya Dev Rai v. Ram Chander Rai reported in (2003) 6 JT (SC) 465 : AIR 2003 sc 3044,