AADIL PRABHAKAR Vs. SONU SHARMA

JUDGEMENT

(1.) The present petition has been directed against order dated 12.8.2016 (Annexure P-6) passed by the Additional Sessions Judge, Bathinda whereby the revision petition preferred by the petitioner against order passed by the trial court allowing interim maintenance has been dismissed for want of prosecution.

(2.) The sole submission made by counsel for the petitioner is that the revisional court was obligated in law to decide the petition on merits even if there was no representation on behalf of the petitioner, therefore, the order impugned may be set aside with a direction to the revisional court to decide the petition on merits. In support of his contention, he has referred to judgment of Hon'ble the Supreme Court of India Madan Lal Kapoor v. Rajiv Thapar and others 2007(4) RCR (Criminal) 157.

(3.) Counsel for the respondent has not disputed the legal position that a revision petition once entertained has to be decided by the Court on merits However, it has been submitted that in another litigation pending before this Court, parties have been relegated to the Mediation and Conciliation Centre to explore possibility of an amicable settlement.