SHRI PARSA Vs. SHRI KANSHI RAM

JUDGEMENT

(1.) This application in revision by Shri Parsa is directed against the judgment and decree of the learned Judge Small Cause Court, Theog, whereby a suit filed by the respondent against the petitioner for recovery, of a sum of Rs. 180/- was decreed for a sum of Rs. 142/- with proportionate cost. The office objection is that the application was not maintainable in view of the 2nd proviso to paragraph 35(1)(b) of the Himachal Pradesh Courts Order 1948 hereinafter to be referred as the Order 1948.

(2.) The application was admitted subject to the aforesaid objection. The same objection has been put forward on behalf of the respondent.

(3.) The question that arises for consideration is as to whether the application in revision is maintainable. Para 35 (1) of the Order 1948 reads as below: