SAGIRAN Vs. SALEEM

JUDGEMENT

(1.) THIS application for review has been made by the opposite parties to recall my earlier judgment dated 17th February 1987 under which I had allowed the revision.

(2.) A revision was filed in this Court against an order passed by the trial court on an application moved by the defendant with the object of delaying the progress of the case. This application was rejected. However, a revision against the same was admitted by this Court and further proceedings in the trial court were stayed. When the revision came up for final hearing before me on 17th February 1987, the learned counsel appearing for the plaintiff-opposite parties stated that he has no objection if the civil revision is allowed. Obviously further progress of the case in the trial court was held up because of the stay order granted by this Court. It appears that having regard to this object in view and on the facts of the case, the learned counsel for the plaintiff-opposite parties had made that concession. In view of the same the revision was allowed and the impugned order passed by the Civil Judge was set aside and the trial court was directed to proceed with the suit in accordance with law. The plaintiff-opposite parties have now moved the present review application for recalling the said order dated 17th February 1987 on the ground that the revision as filed by the defendant-applicant in this Court was itself not maintainable and in this view of the matter the said order is liable to be recalled.