M.Y.EQBAL, J. - (1.) THIS revision application at the instance of the petitioner, decree holder is directed against the order dated 29.11.2002 passed by Munsif, Chaibasa in execution case No. 6(s)/1992 whereby he has dismissed the application filed by the petitioner for restoration of execution case No. 6 of 1992 and for giving delivery of possession of the portion of the suit property.
(2.) THE facts of the case lies in a narrow compass. The petitioner filed Title suit No. 9/91 and obtained a decree for recovery of possession of the land comprised within Khata No. 1172, Plot No. 21/5043 measuring an area of 0.21 acres. The petitioner then levied Execution case No. 6/92 for delivery of possession of the said land. On 7.7.1998 delivery of possession of the land was effected and a report to that effect was submitted by the Nazir of the Court. On submission of the report since no objection was raised by the petitioner -decree holder the execution case was dismissed on 21.7.1998 on full satisfaction.
(3.) ON 18.12.2002 the petitioner filed an application purported to be under Section 151, Civil Procedure Code for restoration of execution case No. 6/92 and for effecting delivery of possession of the remaining portion of the suit land. The said application was registered as Execution case No. 6(S) of 1992. The ground taken by the petitioner in the said application is that when the Nazir Civil Court went to the spot for effecting delivery of possession he found two houses on the said plot locked and, therefore, he could not effect delivery of possession of those houses.;