ASHOK KUMAR Vs. SANTOSH KUMAR

JUDGEMENT

(1.) AN order was passed by the learned District Judge, Kangra at Dharamshala on 6th June, 2006 whereby the petitioner was bound to deposit Rs.1,50,000/- in two instalments. This order was challenged by the petitioner in this Court in Civil Revision No.101 of 2006. Upon making certain observations, this Court dismissed Civil Revision No.101 of 2006 as withdrawn with liberty granted to the petitioner to approach the learned Court below for review of the order dated 6th June, 2006. For ready reference, the order dated 3rd November, 2006 passed by this Court is reproduced hereunder, which reads thus:-

(2.) THEREAFTER order dated 5th May, 2007 was passed by the learned District Judge dismissing the review application of the petitioner on a few grounds. It is this order which is under challenge in this petition filed under Article 227 of the Constitution of India.

(3.) THIS Court in Civil Revision No.101 of 2006 while passing order dated 3rd November, 2006 had clearly noticed the aforesaid statement having been made by the learned counsel for the petitioner. In the order dated 5th May, 2007, the learned District Judge clearly attributed the making of the aforesaid statement by Mr. V.K. Sood, Advocate, who was the counsel for the petitioner when the order dated 6th June, 2006 was passed and who was also the counsel for the petitioner when the order dated TH May, 2007 was passed. A reading of the order dated 5th May, 2007 clearly shows that Mr. V.K. Sood, Advocate, learned counsel for the petitioner appearing in the Court below did not dispute about his having made the statement that the petitioner would deposit an amount of Rs.1,50,000/- in two instalments in two months.