( 1 ) IN the proceedings under Section 145, Cr. P. C. , the Sub-Divisional Magistrate issued an order as contemplated by Sub-section (1) requiring the parties to appear before him on a certain date "to file their written statements regarding their claims of possession"; he did not pass a proper order and did not require them "to put in such documents, or to adduce, by putting in affidavits, the evidence of such persons as they rely upon in support of such claims. " The parties appeared before him and the opposite-party did not file any affidavit but sot summonses issued against, and examined, four witnesses. The applicant filed some affidavits and also examined some witnesses. The Sub-Divisional Magistrate then held the opposite-party to be in possession and entitled to remain in possession.

( 2 ) IT was contended before me that the Sub-Divisional Magistrate acted illegally in acting upon the evidence of witnesses examined by the opposite party when they had not filed any affidavits. In reply it was said that the Sub-Divisional Magistrate-had not directed the opposite-party to put in affidavits to adduce the evidence, of such persons as it relied upon in support of