JAGESHWARI DEVI Vs. BINDESHWARI DEVI

JUDGEMENT

(1.) THESE two review petitions have been filed seeking review of the orders passed by this Court in C.R.No.118 of 1982 and M.A.No. 28 of 1982.

(2.) BOTH the civil revision and the miscellaneous appeal arose out of a common order allowing miscellaneous case preferred by opposite part no.1 under Order 21 Rule 99 of Civil Procedure Code and directing the petitioner -decree holder to re -deliver the possession of the property to the opposite party. While civil revision was dismissed on merit holding that no jurisdictional error was involved, the miscellaneous appeal was dismissed as not maintainable.

(3.) A preliminary objection has been taken to the maintainablility of Civil Review no. 119/86 arising out of M.A. 28/82 on the ground that the S.L.P. was preferred against the order passed in the civil revision and not in the miscellaneous appeal and, therefore, the said review petition cannot be entertained.