STATE OF MAHARASHTRA Vs. DATTATRAYA MAHIPAT KULKARNI

JUDGEMENT

(1.) This Civil Revision Application is filed by the State challenging the order passed by the Joint Civil Judge, Senior Division, Nashik, below application filed by the petitioner under sections 151 and 152 of the Civil Procedure Code.

(2.) The petitioner is the original Defendant in the Special Civil Suit No. 11 of 1978 filed by the Plaintiff/Respondent, in which the Respondent challenged his suspension order dated 29.6.1965 on the ground that the same was illegal and be prayed for a decree in the sum of Rs. 59,820.75 representing the pay, allowance etc. Accordingly the trial Court framed several issues and one of the issues, namely issue No.5 framed by the trial Court reads as follows :

(3.) The learned Joint Civil Judge, Senior Division Nasik, after hearing both the sides rejected the application of the petitioner holding that the request made can never be within the preview of sections 151 and 152 of the Code of Civil Procedure and that when the appeal filed against the decree having dismissed by the appeal Court, this application cannot be entertained. Hence, in short, he held that sections 151 and 152 of the C.P.C. are not attracted to the application preferred by the petitioner.