DILSHAD PATEL Vs. ADDITIONAL COMMISSIONER(REVENUE)

JUDGEMENT

(1.) With consent of learned counsel for the parties, the matter is finally heard.

(2.) The record indicates that an application was filed by respondent No.5 before the Additional Tehsildar, Tehsil Kanadia for his mutation over the disputed property under Sec. 109, 110 of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code'). The application was dismissed by order dtd. 6/10/2022 being aggrieved by which respondent No.5 preferred an appeal under Sec. 44 (1) of the Code before the Sub Divisional Officer, Kanadia. During pendency of the appeal, an application under Order 1 Rule 10 of the CPC was preferred by the petitioner for being impleaded as a party therein which was allowed by the S.D.O. by order dtd. 10/3/2023. being aggrieved by which respondent No.5 has preferred a revision under Sec. 50 of the Code before the Additional Collector, District Indore. In those proceedings, an application under Order 7 Rule 11 of the CPC was preferred by the petitioner for dismissal of the proceedings.

(3.) As per the petitioner, arguments on the aforesaid application were heard and the case was fixed for orders thereupon but no order was passed and the matter was proceeded with and eventually by order dtd. 14/2/2024 was directed to be fixed for final arguments. Being aggrieved by that order, the petitioner preferred a revision under Sec. 50 of the Code before the Additional Commissioner which has been dismissed as not maintainable by the impugned order on the ground that under Sec. 50(2)(c) of the Code there is no provision for preferring a revision against any order passed in a revision.