ISHWAR DASS Vs. NIRMAL

JUDGEMENT

(1.) This revision under section 115, Code of Civil Procedure, is directed against the following order of a learned Subordinate Judge 1st Class, Delhi dated 9-1-1968:

(2.) The relief claimed is that the impugned order be set aside and the learned Subordinate Judge be directed to "examine the witnesses summoned, served and ordered to be produced before recording the statement of the petitioner and closing has evidence and also order the refund of Rs. 50.00 deposited by the petitioner as per lower Court's order dated 9-1-1968 under revision."

(3.) I have referred to the earlier revision (C.R. 132 of 1968) and I find that it was directed against an order of the Court below dated 3-2-1968 dismissing the petitioner's application dated 22-9-67 and 31-1-1968. It is thus obvious that on the basis of this preliminary objection, the present revision cannot be held to be incompetent. Incidentally, in the earlier revision filed by the petitioner in person, S. K. Kapur J. requested Shri Brij Bans Kishore, an Advocate practising at the bar of this Court, to help the petitioner because the petitioner was considered not to be conversant with the law and was also not in a position to afford a counsel. Shri Brij Bans Kishore took the trouble of going through the relevant record and assisted S. K. Kapur, J. in this matter. However, the revision was held not to be sustainable on the merits and was dismissed on 7-3-1968.