R C GUPTA Vs. POONAM GANDOTRA

JUDGEMENT

(1.) THIS revision petition has been directed against two orders passed by City Judge Jammu on 19 -03 -2001 and 27 -03 -2001. These orders read as under: -

(2.) THE petitioner is aggrieved of these orders as the same have omitted to dismiss the suit as required under Order 9 Rule 8 C.P.C. The orders impugned have not decided the case. Strictly speaking these orders may not come with the expression case decided but explanation added to section 115, includes any order made in course of a suit.

(3.) HERE in the present case it can not be said that court has omitted to exercise jurisdiction which vested in it. It did pass an order in a way it deemed proper. In passing the order, no illegality or imprioriety has been committed. Two options left with the court were one of dismissal of the one adopted by the court.