GIAN CHAND DES RAJ Vs. DAVINDER SINGH

JUDGEMENT

(1.) This petition, although described as a revision petition, must be treated as a petition under Article 227 of the Constitution. It is directed against an order dated April 21, 1973, of Shri Raja Ram, Subordinate Judge, Rohru.

(2.) The Petitioner filed a suit for money against the Respondent. The Petitioner made a statement that if the Respondent stated on oath in a certain temple in Rohru that he had not given any writing concerning the money in dispute and that no money was due from him the Petitioner would abandon the claim made in the suit. The Respondent stated that he accepted the proposal of the Petitioner and was prepared to take oath in the temple if the Petitioner also took oath that the money was in fact due to him from the Respondent. Accordingly, on April 21, 1973, the learned Subordinate Judge made an order accordingly. It seems, however, that the Petitioner did not go to the temple and the oath was not taken by the parties. When the case came up again for hearing before the learned Subordinate Judge, a statement was made on behalf of the Petitioner that the Petitioner had decided to apply to this Court for transfer of the case. The case was adjourned on that ground on April 23, 1973, and was adjourned again on June 5, 1973. On July 6, 1973, time was granted once more to the Petitioner to obtain an order transferring the case. Subsequently, when the Petitioner did not obtain any such order the case was put up before the learned Subordinate Judge on July 31, 1973. On that date he passed the following judgment:

(3.) The present petition was filed apparently in May 1973, before the dismissal of the suit and therefore the Petitioner has challenged the order of April 21, 1973, only.