- (1.) The present revision petition has been filed under Section 115 of Code of Civil Procedure (for brevity 'the Code') against the order dated 18.12.2010 passed by learned Civil Judge (Sr. Divn.), Shaheed Bhagat Singh Nagar vide which execution petition filed by the Respondents-decree-holders, which was earlier dismissed vide order dated 2.2.2008 was ordered to be restored to its original number.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned executing court.
(3.) It has been contended by learned Counsel for the Petitioner that learned executing court was having no power to restore the execution petition, which was already dismissed in default, though Respondents-decree-holders could file a fresh execution petition. He has also placed reliance upon the judgments delivered in Ram Harakh and Anr. v. L. Banwari Lal, 1937 0 AIR(Oudh) 337 and Shivashankar Prasad Shah and Ors. v. Baikunth Nath Singh and Ors., 1969 1 SCC 718.;