STATE OF J&K Vs. HANS RAJ SHARMA

JUDGEMENT

(1.) THIS revision petition assail the two orders passed by Sub Judge (CJM) Jammu; one dated 28 -4 -1992 and the other dated 26 9 -1992 The first order disposes of an application for ad -interim relief filed by the plaintiff. respondent in terms of an agreement between learned counsel for the parties and the second order disposes of a subsequent application filed by counsel for the petitioners in terms of Sec. 151 C P. G. for redalling and vacating of the stay order granted on 28 4 1992.

(2.) LEARNED counsel appealing for the respondent has taken two preliminary objections regarding the maintainability of this revision petition one, that an order passed by the trial court on consensus i f the counsel for the parties is not revisable - and second that no revision lies against an order of review. It is necessary for me to meet these two preliminary objections first

(3.) - The arguments that no revision will lie against an order of review, does not find any relevance for this case. This is because the basic challenge thrown in this petition is upon the order passed on 28 -4 -1992. The subsequent order, by virtue of which petitioners application seeking withdrawal of that order was dismissed, also stands challenged in this revision petition Terming that order to be one of review, the challenge is on the ground no revision lies against an order as such This argument is misconceived because the subsequent order has added nothing new and has maintained the earlier order. This order was passed while disposing of an application under Sec. 151 C P.C. only.