SURJIT KAUR Vs. PRITAM SINGH

JUDGEMENT

(1.) At the out set, Shri R.C. Setia, the learned senior counsel appearing for the petitioners has submitted that in view of the law laid down in Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and Ors., J.T. 2003(4) S.C. 255. the present revision petition filed under Section 115 of the Code of Civil Procedure (hereinafter referred to as the "Code") is not maintainable. Shri R.C. Setia, the learned senior counsel has submitted that the present revision petition be treated as a petition under Article 227 of the Constitution of India.

(2.) Keeping in view the facts and circumstances of the case and also the request made by the learned counsel, the present petition is treated to be a petition under Article 227 of the Constitution of India.

(3.) The plaintiff are the petitioners. They have impugned the order dated January 19, 1995 passed by the learned Sub Judge II Class, Jagraon whereby the application under Order 18 Rule 17 of the Code filed by the defendant-respondents has been allowed. While allowing the aforesaid application, Handwriting and Finger Prints Expert-Dr. Atul K. Singla had been ordered to be re-summoned and re-examined with respect to an additional report.