LAWS(PAT)-2009-10-17

UMA SHANKAR Vs. HAMID HUSSAIN

Decided On October 26, 2009
UMA SHANKAR Appellant
V/S
HAMID HUSSAIN Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and Opp. Party Nos. 1 and 2.

(2.) LEARNED Counsel for Opp. Party Nos. 1 and 2 have raised issue of maintainability of this revision before this Court in view of first proviso to Section 115 of the Code of Civil Procedure (hereinafter referred to as "the Code").

(3.) SUBSEQUENTLY, the Supreme Court in Salem Advocate Bar Association, Tamil Nadu (supra) has again affirmed its aforesaid view. SUBSEQUENTLY, a Bench of this Court in Smt. Mina Devi vs. Smt. Jagtarni Devi & Anr., reported in 2008(2) PLJR 451 relying upon the principle laid down in Surya Dev Rai's case (supra) had held that no civil revision could be entertained against an order passed in Miscellaneous Appeal affirming, reversing or modifying any order regarding ad interim injunction passed by the trial court.