RADHA KRISHAN Vs. RAMESH KUMAR

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated December 21, 2015 passed by the learned Additional District Judge, Hisar, whereby the appeal filed by the JD/objector against the order dated January 08, 2015 passed by the learned Civil Judge (Junior Division), Hisar, dismissing his objections, was allowed and the decree dated November 03, 2006 was modified.

(2.) Learned counsel for the petitioner contended that as the respondent-JD was a party to the decree, the said objections were filed under Section 47 of Civil Procedure Code, 1908 (for short 'CPC'). He contended that the order dismissing the objections under Section 47 of CPC is not appealable. The only remedy available to the respondent-JD was to challenge that order by way of filing the revision petition. He relied upon the cases Jagat Ram and others V/s Jagjit Singh, 1984 1 RCJ 447, M/s Bansal Engineering Works V/s M/s Dosajh & Company, 1993 2 RRR 531, Harbans Singh V/s Harbhajan Singh and Another, 1987 RRR 628 and Ram Niwas V/s Mithan Lal and Others, 1979 CurLJ(Civ&Cri) 497.

(3.) In view of the legal position laid down in the judgments referred above, learned counsel for the respondent contended that the impugned order dated December 21, 2015 passed by the learned Additional District Judge, Hisar may be set aside as the appeal was not maintainable. However, the respondent-JD should be granted liberty to challenge the impugned order dated January 08, 2015 by availing the appropriate remedy of civil revision and to approach this Court under Article 227 of the Constitution of India.