JUDGMENT :

A. Misra, A.C.J.

1. Plaintiff is the Petitioner. This revision is directed, against an order rejecting an application u/s 151, CPC for issuing an injunction restraining the Defendant from proceeding with Ex. Case No. 28 of 1971 on the file of the Munsif, Puri.

2. The facts giving rise to this revision are as follows : Opp. party who is the landlord filed Misc. Case No. 7 of 1968 against the Petitioner, his tenant, under the provisions of the House Rent Control Act for eviction on the ground that the latter defaulted in payment of rent. The Misc. Case was allowed and eviction was ordered. Against this order, the Petitioner filed Rent Control Appeal No. 9 of 1970 which was dismissed, and thereafter, he filed a writ which was registered as O.J.C. No. 314 of 1971 and ultimately withdrawn. Thereafter, the landlord, opp. party levied execution of the House Rent Control order in Ex. Case No. 28 of 1971. In the said execution case, opposite party raised an objection u/s 47, Civil Procedure Code, challenging the order of the House Rent Controller as one passed without jurisdiction which was registered as Miso. Case No. 182 of 1971. The said Misc. Case was dismissed and against the o