IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13013 of 2011 HARDWAR SINGH ………. Defendant/ O.P./Petitioner Versus SMT. PARMILA DEVI & ORS. ……… Defendants/O.Ps.-Respondents ******** Dated : 30thday of August, 2011 P R E S E N T THE HON'BLE MR. JUSTICE MUNGESHWAR SAHOO O R D E R 03. 30.08.2011. Heard the learned counsel, Mr. Manish Kumar No.2 for the petitioner. (2) This writ application has been filed for setting aside order dated 25.06.2011 passed by Sub Judge I, Lakhisarai in Title Ex. Case No.1 of 2003 whereby the petition filed by the Judgment debtor- petitioner has been rejected. (3) The learned counsel for the petitioner submitted that during final decree proceeding, the petitioner was made party in the partition suit. Prior to that, he had no knowledge about the preliminary decree, therefore, he had filed an application under Order 9 Rule 13 C.P.C. for setting aside ex-parte decree. This execution case has been filed by the plaintiff-respondent for taking delivery of possession, - 2 - therefore, the petitioner filed the objection application before the executing Court and prayed for stay of further proceeding in execution case during the pendency of the Misc. case filed for setting aside ex- parte decree but the learned Court below rejected the objection. (4) It appears that earlier, the petitioner had filed C.W.J.C. No.708 of 2011 which was dismissed by this Court on 27.01.2011 and direction was given to the petitioner to file objection in the executing Court. The petitioner had filed this objection petition leveling the same as under Order 21 Rule 97/ Section 47 and 151 C.P.C. It may be mentioned here that Order 21 Rule 97 is not maintainable in this case as the petitioner himself is judgment debtor. So far objection under Section 47 is concerned, the learned Court below by the impugned order has rejected the same considering the points raised by the petitioner therefore, in my opinion, in view of decision reported in 2010 (2) P.L.J.R. 954 para 36 civil revision is maintainable and not application under Article 227 of Constitution of India. Therefore, if so advised the petitioner may convert the application to a civil revision application within 10 days from today failing which the application shall stand dismissed. (Mungeshwar Sahoo, J.) Sanjeev/N.A.F.R.