JUDGMENT :

G.B. Patnaik, J. - This revision is directed against the order of the learned Magistrate rejecting an application filed by the Petitioner under Sub-section (2) of Section 127 of the Code of Criminal procedure for cancelling the earlier order of the Magistrate dated 11-11-1985 passed, u/s 125 of the Code granting maintenance at the rate of Rs. 300/- per month.

2. Opposite party No. 1 for herself and, for her minor child (opposite party No. 2) filed an application u/s 125 of the Code of Criminal Procedure (hereinafter referred to as the "Code") alleging that opposite party No. 1 was the legally married wife of the Petitioner and opposite patty No. 2 was the child born out of their wedlock and the Petitioner was neglecting to maintain them. This application was registered as Criminal Misc. Case No. 9 of 1984. The Petitioner appeared before the Magistrate and filed his written objection. That application was disposed of ex parte against the Petitioner by order dated 11-11-1985 granting maintenance in favour of the opposite parties to the tune of Rs. 300/- per month. The Petitioner thereafter filed an application for setting aside the ex parte order invoking the jurisdiction of