B.M.Mitra, J. - (1.) -The present revisional application is directed against an order dated l9th July, 1994 passed by the learned 5th Bench, Court of Small Causes of Calcutta in Suit No. 178 of 1989. By the impugned order, an application under Section 144 of the Code of Civil Procedure was allowed on contest. The case that has been made out in the proceeding under section 144 of the Code of Civil Procedure is that the plaintiff/petitioner managed to obtain an ex parte decree in respect of the suit property from the Bench of the Registrar, Small Causes Court, on 11th August, 1989 and ultimately got delivery of possession of the same on 1st December, 1989 through the Bailiff with the help of the police. Thereafter, on 22nd June, 1992, the defendant got the ex parte order set aside on contest by filing a petition under Order 9, Rule 13 read with section 151 of the Code of Civil Procedure. The said proceeding under Order 9, Rule 13 was allowed and consequent thereto the suit was restored to its original file. In the circumstances, the defendant pressed for restitution of the property in suit intending to contest the suit as otherwise the very purpose of the same would be defeated.
(2.) The plaintiff resisted the defendant's application by filing a written Statement questioning the maintainability of the application on various grounds. The specific objection is that after taking possession of the suit premises, the character of the same has been changed by completely demolishing a portion of the room being a part of the suit premises.
(3.) At the time of hearing of the present revisional application, number of contentious issues have been attempted to be raised including that of maintainability of the revisional application as it has been attempted to be contended as to whether the revision would lie against the impugned order. There has been further contentions raised at the time of hearing of this revisional application that since the exparte degree and/or order was passed by the Registrar and Section 144 proceeding being a contested one, the Registrar of the Small Causes Court is divested of any jurisdiction to be in seisin of the contested proceedings. The argument is centred round the proposition that in terms of the language of Section 144 of the Code of Civil Procedure, it is a Court of the first instance or the Court which passed the initial degree should only be competent to take up the matter under Section 144 and no other Court can deal with the same. In the event of the Court of first instance or the Court of the initial Court which passed the degree if not available or if it cannot take up the matter, then the party will be required to be driven to a separate suit for obtaining the said relief.;