Dinesh Mehta, J.

On the last date i.e. 27.10.2017, this Court has posed a question regarding maintainability of the present writ petition, as according to prima facie opinion of this Court, an execution appeal would lie against the order rejecting an application under section 47 of the Code of Civil Procedure.

2. Mr. C.P. Soni, learned counsel appearing for the petitioner invited attention of this Court towards the definition of decree as given in definition of Clause 2(2) of the Code of Civil Procedure, wherein "Section 47" of the Code of Civil Procedure has been deleted w.e.f. 01.02.1977.

3. In support of his submission, he also invited attention of this Court towards the Division Bench judgment dated 12.12.1977, reported in 1978 AIR (Raj) 127 titled as "Mohan Das v. Kamla Devi".

4. In view of submission so made, this Court is satisfied that as against the order passed, pursuant to an application under Section 47 read with under Order 21, Rule 46 of the Code of Civil Procedure, a writ petition under Article 227, is maintainable.

5. The petitioner has come against the order dated 06.05.2017 passed by learned Civil Judge and Judicial Magistrate, District Pali, (hereinafter ref