MURUBHAI JIVABHAI MAKWANA Vs. MANIBEN KANJIBHAI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails a legality and correctness of an order dtd. 16/3/2009 passed in Civil Revision Application No.4 of 2009, whereby the Principal District Judge, Jamnagar set aside the order dtd. 8/9/2008 passed below Exh.82 in RCS No.720 of 2000 and permitted the plaintiff respondent - Maniben to adduce her oral evidence.

(2.) Mr.Nitin Amin, learned counsel appearing for and on behalf of the petitioner, has submitted that the learned District Judge has no jurisdiction to entertain the revision against the order of the Court-below and therefore, on this count, the impugned order passed by the Revisional Court deserves to be quashed and set aside.

(3.) On the other hand, Mr.Bloch, learned counsel appearing for and on behalf of the respondent, submitted that the contentions of maintainability of the revision having not been raised before the Revisional Court and therefore, contention is misconceived.