Honble VERMA, J.–In the execution proceeding for eviction, the objections of judgment debtor have been dismissed under Sec. 47 CPC by the executing court vide order dated 28.7.97. The executive court had passed the order for delivery of possession to landlord on the basis of decree passed against tenant. This order of executive court was challenged before lower appellate court by filing an appeal purporting it to have been filed under Sec. 96 read with 99-A CPC. which appeal has been dismissed by lower appellate Court vide impugned order dated 17.12.97. After detailed discussion and on the objections having been taken by respondents. Lower appellate court had held that the order passed in execution by the executing court, under Sec. 47 CPC was not appealable, because of the reason that sub-sec. 2 of Sec. 47 CPC had been omitted. It was further observed that the order passed under Sec. 47 CPC does not amount to decree, and therefore. no appeal can be filed under Sec. 96 CPC. It was observed that under Sec. 104 and Order 43 of CPC, it was not appealable order and thus the appeal was dismissed as not maintainable.

(2). Being aggrieved against the order dated 17.12.97. the present revis

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