GITANJALI RAJPUT (SMT.) ALIAS HITU Vs. VIKRAM JAMWAL

JUDGEMENT

(1.) The question arising for consideration is, a revision petition directed against an interlocutory order being not maintainable in terms of Section 115 Code of Civil Procedure, whether can be treated as a petition under Section 104 of the Constitution of Jammu and Kashmir, and if so, are there any pre-conditions required to be satisfied?

(2.) The State Legislature by amendment Act of 2009 incorporated certain changes in different provisions of CPC including Section 115. In sub-section (1) of Section 115, the existing proviso was substituted by the Amendment Act. It reads:

(3.) The above provision curtails and restricts the revision jurisdiction of the High Court. Thus, if an order passed in a suit would have not disposed of the suit finally, even if the order had been passed in favour of the party applying for revision, shall not be revisable. Such an order in its nature is an interlocutory order. An order interlocutory in nature would mean an order, which does not decide the substantive right of any of the parties in a suit. These are discretionary orders and