STATE OF UTTARAKHAND Vs. DARSHAN MAHAVIDYALAYA TRUST

JUDGEMENT

(1.) The petitioner has preferred the present petition, under Article 227 of the Constitution of India, to assail the judgment dtd. 4/6/2007, passed in Misc. Civil Case No. 55 of 2005.

(2.) Without going to any other aspect, including the aspect of limitation / laches, I am of the view, that the present petition under Article 227 of the Constitution, is not maintainable, since the impugned judgment has been rendered in a suit instituted under Sec. 92 of the CPC, and as the said suit results in a 'decree', the same would be appealable under Sec. 96 of the CPC.

(3.) I, therefore, dismiss this petition with liberty to the petitioner to avail of the civil remedy available to the petitioner. However, it is made clear that I have not gone into the issue of delay / limitation.