( 1. ) THIS revision is from an order dated March 4, 1968, passed by the 1st Additional District Judge, Jabalpur, in Miscellaneous Judicial Case no. 6 of 1968. The petitioner in his revision has also mentioned the order dated March 2, 1968.

( 2. ) ON March 2, 1968, the decree-holder auction-purchaser made after application under Order 21, rule 95, Civil Procedure Code, for possession of house Nos. 642 and 643, Madhatal, Jabalpur, previously known as "sunder vilas Theatre" and now known as "plaza Talkies". The learned 1st Additional District Judge ordered issue of a warrant of possession. When the process server went to the premises of the Plaza Talkies, the Manager resisted delivery of possession and he wrote his protest on the warrant itself which was presented to him by the process server. The warrant remained unserved and was returned by the process server.

( 3. ) THEREUPON, on March 4, 1968, the auction-purchaser made another application under Order 21, rule 95, Civil Procedure Code, for issuance of a fresh warrant. The learned trial Judge passed the order under revision in these words :

"nazir, to re-issue the warrant for execution. The S. P. be directed to act with fir