RAMDHAN SINHA Vs. NOTIFIED AREA AUTHORITY KAILASHAHAR

JUDGEMENT

(1.) By this revision petition filed under Section 115 of the C.P.C. the petitioner challenged the impugned order dated 30-5-1994 passed by the learned Munsiff, North Tripura, Kailashahar in Title Suit No.13 of 1994 (Special Case).

(2.) For the purpose of deciding the present petition, the following facts need to be briefly stated :-

(3.) The learned senior counsel, Mr. A. Chakraborty appearing for the respondent-Notified Area Authority. Kailashahar raised a preliminary objection as to the maintainability of the Civil Revision. According to him, since the learned Trial Court finally decreed the suit, the remedy available to the petitioner was to prefer regular appeal under Section 96 read with Order XLI of the C.P.C. The learned senior counsel, Mr. S. Deb appearing for the petitioner having referred Rule 6 of Order XXXVI submits that no appeal lie from a decree passed under Rule 5 of the said Order of the C.P.C. on perusal of the impugned Judgment and decree it appears that the learned Trial Court registered the case having assumed jurisdiction under Section 96 of the C.P.C. and as such the impugned decree has been passed under Rule 5 of Order XXXVI of the C.P.C. and thus in view of Rule 6 thereunder no appeal is maintainable and as such in my considered opinion, the petitioner rightly approached this Court with the revision. The revision petition is maintainable.