N.M. KASLIWAL, J.—This application for transfer under Section 24 Code of Civil Procedure, 1908, has been filed with regard to Civil Miscelianeous Case No. 300/87 pending in the Court of Shri J.P. Bansal District Judge, Kota. The plaintiff-petitioner had filed a suit for eviction against the defendants Manglam Cement Ltd., and Shri D.P. Mishra, Managing Director, Manglam Cement Ltd. That suit was decreed ex-parte on October 8,1987. On December 10, 1987 the decree was executed and according to the plaintiff-petitioner he got possession of the disputed house No. 120, Dashera Scheme, Kota. The defendants on the same day moved an application before the District Judge, Kota for setting aside the expert decree. The learned District Judge appointed a Commissioner to give a factual report about the taking of possession on the same day i.e. Dec. 10,1987. The Commissioner went on the spot and submitted his report. The learned District Judge then passed an order for giving possession of the disputed property to the Commissioner. The plaintiff aggrieved against the above order filed a revision before this court and S.C. Agrawal, J. allowed the revision No. 919/87 by order dated January 20, 1988

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