BADRILAL JODHRAJ AND SONS Vs. GIRDHARILAL

JUDGEMENT

(1.) By this petition under Art.227 of the Constitution of India, the petitioner challenges the orders, Annexures-2 and 3, passed by the District Judge, Indore (respondent No. 2) in Civil Revision No. 15 of 1985.

(2.) Short facts necessary for disposal of this petition are that the petitioner-firm filed Civil Suit No. 55-B of 1981, in the Court of VI Civil Judge, Class II, Indore against respondent 1 for recovery of Rs. 2860/- on the basis of a promissory note, executed by respondent 1. This suit was dismissed by the trial Court, vide its judgement and decree dt. 3-8-1984, holding that the promissory note in question was without consideration. The petitioner preferred an appeal, which was registered as Civil Regular Appeal No. 5-B of 1985. This appeal came to be heard by Shri S.K. Pandey, Addl. Judge to the Court of District Judge, Indore, who by his judgement and decree dt. 11-4-1985 allowed the appeal and decreed the petitioner's claim. This judgement and decree has been filed as Annexure-I to this petition. Respondent 1 preferred a Civil Revision (C.R. No. 15 of 1985) under S.115, CPC before the District Judge, Indore. The petitioner objected to the very maintainability of this revision in the Court of the District Judge against the judgement and decree passed by the Additional Judge to the Court of District Judge. This objection was overruled by the District Judge who by order dt. 6-12-1985 (Annexure-2) held that a revision petition against the judgement and decree of the Addl. Judge to the Court of District Judge was maintainable in the Court of District Judge. By yet another order dt. 19-7-1985, (Annexure-3), the District Judge (respondent-2) stayed execution of the decree passed by the Additional Judge to the Court of District Judge, in favour of the petitioner.

(3.) Short question, which arises for determination in this petition is whether a revision petition under S.115, CPC, against the judgement and decree passed by an Additional Judge to the Court of District Judge is maintainable before the District Judge.