RAJINDER PARKASH Vs. KRISHAN LAL

JUDGEMENT

(1.) THIS petition of revision is directed against the order passed by the Sub Judge, Surankote on 08 -08 -1994 dismissing the suit instituted by the plaintiffs -petitioner herein Facts giving rise to this petition are these Plaintiff Bhagat Ram (now dead) had earlier filed a civil suit for possession of suit property. This suit was withdrawn by him with the permission to file afresh one. Subsequently, he filed suit for declaration with consequential relief of possession of the same property. Respondents raised preliminary objections to the maintainability of the suit and the trial court framed the following preliminary issues: - 1. Whether the valuation for the purpose of court fee and jurisdiction has not been properly assessed and fixed ? If so, what is its effect ? OPD

(2.) WHETHER the suit is not maintainable ? If so. how ? OPD.  2. The learned Sub Judge held that the suit has been filed against the terms of the permission granted by the court and is, therefore, barred under O, 2R -2 and O, 23 R -1 the CPC. He accordingly dismissed the suit.

(3.) WHEN the hearing of the petition commenced, a contention of a preliminary nature was advanced on behalf of the respondents and it was that since the judgment of the learned Judge impugned in the revision was appealable u/s 96 of the Code of Civil Procedure as the suit has been dismissed, therefore, the revision was not competent u/s 115 of the Code. Mr. Sharma appearing for the revision petitioners however, argued that since no appeal lies from the order/judgment impugned to the High Court, therefore, the revision is not maintainable. This is disputed by Mr. Bakshi.