REHTI Vs. ABDUL GANI

JUDGEMENT

(1.) Trial court (Munsiff, Pulwama) in terms of order impugned dated 29.12.2008 has dismissed the application filed under Section 151 CPC Aggrieved thereof revisional jurisdiction of this Court has been invoked.

(2.) Facts and circumstances which have given rise to the impugned order are precisely required to be noticed as same shall be advantageous for proper appreciation of the controversy:

(3.) Though judgment of the Appellate Court dated 26.02.2008 is not under challenge but a strange situation arise there from because in terms of modified findings vis-a-vis issue No.3 and 4, nothing would survive for further consideration before the trial court. What could be the purpose of remanding the case so as to decide the application under Section 151 of CPC afresh is totally astonishing. This position will be dealt with later on.