BASAVARAJU Vs. TAHSILDAR

JUDGEMENT

(1.) Challenge in this Writ Petition is to the order dtd. 21/3/2023 made by the Principal District and Sessions Judge, Tumakuru, in Civil Misc. No.361/2021, whereby leave has been accorded for prosecuting a representative suit under Sec. 92 of CPC, 1908. Learned counsel for the Petitioner vehemently argues that there is absolutely no justification whatsoever for granting the leave and therefore, the impugned order be invalidated.

(2.) Learned AGA appearing for the Respondents opposes the Writ Petition contending that the same is not maintainable since amended provisions of Sec. 115 can be invoked. He points out that should the impugned order be set at naught, the main suit proceeding in the Court below would stand determined and therefore, Petitioner should invoke revisional jurisdiction.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court declines indulgence in the matter broadly agreeing with the submission made by the learned AGA. Liberty is reserved to the Petitioner to avail the revisional remedy. All contentions are kept open. It hardly needs to be stated that the period spent in prosecuting this petition shall be discounted while computing the period of limitation prescribed for moving the revision. Registry to return the certified copy of the order impugned after retaining photostat copies thereof, on record.