ANIL KUMAR Vs. CHANDRA SHEKHAR AZAD UNIVERSITY KANPUR

JUDGEMENT

(1.) This revision has been preferred against the order passed in Misc. Appeal No. 113 of 2000 by which the matter has been remanded for re-decision of application 6C. The Stamp Reporter has reported that In view of the decision of Full Bench of this Court in the case of Jupiter Chit Fund (Pvt.) Ltd. v. Dwarka Diesh Dayal and others. AIR 1979 All 218, the revision is not maintainable.

(2.) I have heard Sri Rajiv Gupta, learned counsel for the revisionists.

(3.) The learned counsel has referred to the decision of Hon'ble D. K. Seth. J. dated 21.12.1999 passed in Civil Revision No. 540 of 1999. In this case, the above decision of the Full Bench was distinguished and it was observed that the revision against the order passed in the exercise of revisional jurisdiction by the court below is not maintainable. That the power of this Court under Article 227 of the Constitution of India has no relevance with regards to the words "case arising out of the original suit" as used in Section 115, C.P.C. as it is a constitutional remedy. Therefore. in similar circumstances Hon'ble D. K. Selh, J., has held that the revision is maintainable.