KUNJI DEVI Vs. CHAMAN LAL

JUDGEMENT

(1.) This revision is directed against the order dated 25.11.1999 passed by the learned Sub Judge, I -class, Amb in Civil Suit No. 75 of 1995 whereby the application moved by the petitioners/plaintiffs (here -after referred to as the "plaintiffs") under Order 18 Rule 17 of the Civil Procedure Code has been dismissed.

(2.) At the very outset of the arguments it has been pointed out by the learned counsel for the respondents/defendants (here -after referred to as the "defendants") that the application though labelled as under Order 18 Rule 17 of the Civil Procedure Code, is not for re -calling a witness and, thus, the provisions of law under which the application has been filed has been wrongly mentioned and as per the contents of the application it ought to have been filed under Order 18 Rule 17 -A of the Civil Procedure Code since the relief prayed for could be granted only under Order 18 Rule 17 -A of the Civil Procedure Code which has been disallowed by the impugned order and no revision lies against such order.

(3.) I have heard the learned counsel for the parties on the aforesaid preliminary objection about the maintainability of the present petition and have also perused the relevant material placed on record.