KALIMULLAH @ KALIM QURESHI Vs. DISTRICT JUDGE

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the Petitioner has sought writ in the nature of certiorari, quashing the order dated 04.07.1997, passed by District Judge, Almora, in Misc. Civil Appeal No. 03 of 1996; Nagar Palika, Almora v. Kalimullah, whereby said authority has allowed the appeal, and further allowed the application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (for short Code of Civil Procedure ).

(2.) HEARD Learned Counsel for the parties and perused the papers on record.

(3.) MR . K.C. Tiwari, Learned Counsel for the Petitioner / Plaintiff argued that the District Judge, Almora, has committed grave error of law in entertaining the Misc. civil appeal against the order dated 12.02.1996, passed by the trial court. In this connection, he drew attention of this Court to the order dated 12.08.1992, passed by Mr. S.K. Jain, District Judge, Almora, in Misc. Civil Case / Revision No. 28 of 1992, whereby the said court has dismissed the revision summarily holding the revision as devoid of merits. While dismissing the revision summarily, the revisional court (District Judge, Almora) observed that there was 00rvice of summons in the suit, on the Defendants. Mr. K.C. Tiwari, Learned Counsel for the petitioner argued that once the revision stand dismissed, writ petition filed by Nagar Palika was also dismissed in limine, the appeal was not maintainable against the same order, and the finding of the revisional court bars entertaining of appeal on the ground of principle of res judicata.