1. - The petitioner has filed this revision petition under section 115 CPC against the order dated 24.10.1994 passed by the learned Additional Civil Judge (Jr. Div.) and Judicial Magistrate No. 5, Jodhpur in civil original suit No. 106/93 whereby the learned trial Court dismissed the application of the petitioner filed u/O. 1 R. 10 r/w Section 151 CPC.

2. Non-petitioner No. 1-plaintiff filed a suit for ejectment against non-petitioner No. 2 defendant on the ground that the latter was the tenant of the former on a monthly refit of Rs. 250/- in the suit premises. The suit is still pending in the trial Court. The petitioner filed an application purporting to be u/O. 1 R. 10 r/w Section 151 CPC with the allegations that the aforesaid suit of ejectment was filed by the plaintiff-non-petitioner No. 1 against the defendant-non-petitioner No. 2 in collusion. In the past the defendant filed a suit for possession against the petitioner, his son Gopal and his wife Geeta Devi with the allegations that the aforesaid persons had taken forcible possession of his property. The suit of the plaintiff filed against the petitioner and others was dismissed on 5.11.1991. The petitioner further a