SHILLA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petition is directed against the order of the learned District Judge dated 31st May, 2010, whereby he dismissed the appeal filed by the Petitioner (hereinafter referred to as 'the Plaintiff') and upheld the order of the learned trial Court dated 14.09.2009, whereby the learned trial Court held that it had no jurisdiction to hear the suit and the plaint was returned for filing before the appropriate forum.

(2.) THERE is no manner of doubt that no further appeal lies against such an order. Section 115 of the Code of Civil Procedure reads as follows:

(3.) WHEN an alternative and efficacious remedy under ordinary law is available to the Petitioner, then normally this Court would not exercise its constitutional jurisdiction. Therefore, the petition is rejected with liberty reserved to the Petitioner to file a petition under Section 115 of the Code of Civil Procedure. It is made clear that the time spent in pursuing the present petition shall be excluded while computing the period of limitation in filing the revision petition.