NABBU KHAN Vs. IIIRD ADDITIONAL DISTRICT JUDGE PILIBHIT

JUDGEMENT

(1.) After hearing Mr. R. N. Bhalla and Mr. Somesh Khare for the applicants and Mr. S. A. Gilani, be an order dated 18th July, 2000. was dictated in open court disposing of the said application after having allowed the substitution on the ground that the Impugned order arose out of a proceedings under Order XXI, Rule 97 of the Code of Civil Procedure, which was otherwise appealable and no revision lies, and, therefore, the case was remitted to the Court for deciding the revision directing it to treat the memo of revision as a memo of appeal in exercise of its appellate jurisdiction since the order determining the question under Rule 98 or under Rule 100 of Order XXI of the Code are deemed decrees by reason of Rule 103 of Order XXI. Mr. Khare had pointed out that the impugned orders were passed in a proceeding arising under Order XXI, Rule 97. This question was specifically pointed out to Mr. Gilani, who conceded to the situation. Therefore, the said order was passed. Subsequently at the time of correcting the order, certain confusion cropped up. The records were perused and it was found that the application on the basis whereof the impugned orders were passed, were not an application under Order XXI, Rule 97. The confusion was created that the order was related to the application filed in 1980 by the decree holder under Order XXI, Rule 97. At the point of time, Mr. Gilani did not place the relevant materials and failed to point out that these proceedings had no connection with the proceedings under Order XXI, Rule 97, which stood terminated by an order dated 10th January, 1985. Having regard to the said situation, the order was not signed and the matter was placed for orders in the computer list. Both the counsel were intimated. It was adjourned from time to time on the ground of absence of the counsel for the respective parties,

(2.) Today, the matter has since been taken up and heard. I have heard Mr. Somesh Khare, learned counsel for the applicants as well and Mr. S. A. Gilani for some time.

(3.) In order to appreciate the situation. It would be beneficial for us to refer to the facts giving rise to these proceedings.