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Judgment
The decree-holder''s execution case was dismissed in default, and an application for review was refused as not maintainable. We think that the scope of sec. 623 of the CPC is wide enough to admit of the review of an order dismissing an execution case, and that the explanation to sec. 647 is inapplicable. The Judges who decided the cases of Ramu Rai v. Dayal Singh I. L. R. 16 All. 390 and Hajrat Akramnissa Begum v. Valiulnissa Begum I. L. R. 18 Bom. 429 indicated that in their opinion orders passed in execution cases might properly form the subject of review. We accordingly make the rule absolute, set aside the order of the lower Court and direct that the review be heard and determined on its merits.
The Petitioner will pay his own costs. Rule made absolute.