JAGAN NATH Vs. MEHAR SINGH

JUDGEMENT

(1.) This application in revision is directed against the appellate judgment and decree of the learned District Judge Mahasu, Sirmur, Bilaspur and Kinnaur Districts whereby an appeal preferred by the petitioner against an order of the learned Senior Sub-Judge Sirmur dismissing the suit filed by him was rejected.

(2.) The preliminary question that arises for consideration is as to whether the application in revision is competent.

(3.) The contention advanced on behalf of the petitioner is that the second proviso to para 35 (1) (b) of Himachal Pradesh (Courts) Order 1948, hereinafter to be referred as the Courts Order is in conflict with Section 15 (2) of the Provincial Small Cause Courts Act No. IX of 1887. The relevant portions of those provisions read as below :