MAHESH CHANDRA Vs. ILIYAS AND OTHERS

JUDGEMENT

(1.) THIS first appeal from order has been filed under Order XLIII Rule 1 (r) C.P.C. read with Order XXI Rule 98 C.P.C. against the judgement and order dated 11.10.2011 passed in Civil Revision No. 16 of 2008 by the III Additional District and Sessions Judge, Gautambudh Nagar, whereby he has allowed the revision set aside the judgement of the trial court and remanded the matter to the trial court.

(2.) SRI Y.S. Saxena, learned counsel for the appellant has submitted that the appellant had filed Original Suit No. 175 of 1975 (Mahesh Chandra V. Ahmad Khan) before the Judge, Small Causes Court, Khurja, District Bulandshahar, which was decreed on 13.12.1979. The opposite party -respondent filed Revision No. 16 of 2008 (Iliyas and others V. Mahesh Chandra and others) and the III Additional District and Sessions Judge, Gautambudh Nagar has proceeded to allow the revision and remanded the matter to the trial court. Learned counsel states that the revision was not maintainable against the judgement and decree passed by the trial court and as such the same requires to be set aside.

(3.) IN view of the aforesaid circumstances, the report of the stamp reporter appears to be correct. This appeal under Order XLIII Rule 1 (r) C.P.C. is liable to be dismissed as not maintainable. However, the appellant may avail his remedy available to him in law against the impugned revisional order.