- (1.) Rejoinder affidavit to the counter affidavit filed on behalf of the opposite party no.2 is taken on record.
(2.) Heard Mr. P.V.Chaudhary, learned counsel for the petitioner and Mr. R.P.Singh, learned counsel for the opposite party no.2.
(3.) The learned counsel for the opposite party no. 2 has raised objection against the maintainability of the writ petition on the ground that the order dated 18.2.2010 passed by Second Additional Civil Judge (Senior Division), Faizabad is revisable under section 115 of the CPC, whereas in the light of the decision of Hon'ble Supreme Court rendered in the case of Prem Bakshi and others v. Dharma Dev and others, 2002 20 LCD 529 and keeping in view the facts of the present case I am of the view that the said order is not revisable. Therefore, the writ petition is maintainable before this Court. The objection raised by the learned counsel for the opposite party no.2 is hereby over ruled and I proceed to decide the case on merit.;