ABDUL KAREEM Vs. ABDUL SABBIR

JUDGEMENT

(1.) A. N. Varma and Vedpal, JJ. In a suit filed by the respondent No. 1 for cancellation of the sale-deed dated 12th May, 1958, an application was pre ferred by him for summoning the original sale-deed from its vendees. The said application was rejected by the Trial Court against which he filed a revision which was dismissed by the District Judge at the admission stage. Being ag grieved, respondent No. 1 approached this Court in W. P. No. 3467 (M/s) of 2008. Vide judgment and order dated 22. 7. 2008 the writ petition was allowed, the impugned orders were quashed and the Trial Court was directed to summon the original sale-deed from the vendees. It is said order passed by Hon'ble Single Judge that is being assailed by the appellants in the instant special ap peal.

(2.) A preliminary objection has been raised by Mrs. Sangita Chandra on the question of maintainability of appeal. According to her since the order as sailed in the special appeal has not been passed by Hon'ble Single Judge in ex ercise of original jurisdiction but is against the order passed by the District Judge under revisional jurisdiction, therefore, the instant appeal is not main tainable under the provisions of Rule 5 of Chapter VIII of Allahabad High Court Rules.

(3.) IN the case at hand, the petitioner had approached this Court in writ petition against the order passed by the District Judge under revisional juris diction and not under original civil jurisdiction. This being so, the special ap peal is clearly barred. Since the order under challenge is not under original civil jurisdiction, therefore, the special appeal is not maintainable. The objec tion raised by the learned Standing Counsel, thus, on this score has force and is sustained.