CHHOTE LAL SINGH Vs. AWADESH SINGH

JUDGEMENT

(1.) SHIV Charan Sharma, J. Under challenge in this Civil Revision is the judg ment and decree dated 22nd December, 2004 passed by the Additional District Judge, Court No. 3, Pratapgarh in Civil Revision No. 52/1999. Awadhesh Singh and others v. Chhote Lal Singh and others. By the impugned judgment and decree, the Revi sional Court allowed the revision and set aside the order dated 8th January, 1999 passed by the Civil Judge (Senior Division), Pratapgarh in Regular Suit No. 70/1997. By the impugned order, learned Appellate, Court decided the Issue No. 3 at the pre liminary stage regarding the jurisdiction of the Court to entertain the suit. The Revi sional Court held that the suit is barred by section 331-A of the U. P. Zamindari Aboli tion and Land Reforms Act.

(2.) AT the preliminary stage, learned Counsel for the opposite parties raised a preliminary objection regarding the main tainability of this Civil Revision and the learned Counsel for the opposite parties argued that a second revision is not maintainable to this Court under section 115 C. P. C. and the impugned order challenged in this revision was passed in Civil Revi sion No. 52/1999. One more objection has also been raised that the present Civil Re vision cannot be converted in a writ peti tion.

(3.) HENCE, this is a direct judgment of the Hon'ble Apex Court on the matter in controversy and a definite judgment has been delivered that no revision is maintainable in the High Court against the order passed by the District Judge under section 115 C. P. C. and this argument of learned Counsel for the opposite parties is justified that a second revision is not maintainable in this Court.