JIWAN SINGH Vs. LALTIBAI ALIAS DALLOBAI

JUDGEMENT

(1.) This is a revision under Sec. 115, Civil Procedure Code filed by the husband/applicant against his wife/non-applicant, against the order dated 6-10-1988 passed by the District Judge, Narsimhapur.

(2.) Short facts leading to this revision are as under : The non-applicant/wife has filed a suit for maintenance vide Civil Suit No. 9-A of 84. During the pendency of the suit, the husband/applicant filed another suit seeking decree for restitution of conjugal rights against his wife vide Civil Suit No. 25-A of 1987. It appears that by order dated 29-9-87 the Trial Court has passed order under Sec. 10, Civil Procedure Code staying the proceeding. In Civil Suit No. 9-A/84 and by them impugned order, reviewing the said order dated 29-9-87, vacated the same, with the result, the proceedings in Civil Suit No. 9-A of 84 have also been started.

(3.) The only contention raised is that the order impugned suffers from principle of res judicate, inasmuch as, it being passed on an inter locutory application, it has become final between the parties only and cases it only be challenged in revision or appeal, but the Trial Court cannot review its own order. The contention so raised has no force having been fully covered by the decision of the Apex Court in Arjunsingh Vs. Mohindra Kumar, AIR 1964 SC 993.'