PRAFULLA NATH SHARMA Vs. JAYANTI NATH SHARMA

JUDGEMENT

(1.) THIS criminal revision is directed against the Order Dated 30.11.2004 passed by Judge, Family Court in Criminal Proceeding Nos. 301 of 2000 rejecting an application filed by the Petitioner to recall the Order Dated 29.04.2004.

(2.) THE case of the Petitioner is that an order was passed on 29.04.2004 in Criminal Proceeding Nos. 301 of 2000 directing the present Petitioner to pay differential amount of Rs. 1,000/ - as per the orders of this Court so also the residue amount of Rs. 800/ - In the said order, the Judge, Family Court also directed to continue the execution proceeding for payment of Rs. 1,800/ - The Petitioner filed a petition on 23.06.2004 to recall the Order Dated 29.04.2004. The matter was heard and ultimately, the Judge, Family Court rejected the same on 30.11.2004 holding that there was no reason to recall the order. Against that order the Petitioner has preferred this revision.

(3.) MR . Das, Learned Counsel for the Opposite Party submitted that the Order Dated 29.04.2004 is an interlocutory order and a petition to recall the said order is not entertainable. Therefore, the Trial Court has rightly rejected the application. He further submitted that the impugned Order Dated 30.11.2004 is also an interlocutory order and no revision lies against such an order.