ROSHAN Vs. NARAIN RAM

JUDGEMENT

(1.) Heard learned counsel for the parties on Application No. 7979/10 filed by the non-petitioner. The non petitioner has prayed that the revision petition is not maintainable under Sec. 115 of the Code of Civil Procedure. Brief relevant facts for the disposal of this revision petition are that the defendant-petitioner filed an application under Order 9 Rule 13 CPC in the trial Court to set aside the ex-parte decree passed against him on 31.8.1996 in Civil Suit No. 51/91 (New 18/93). That application was dismissed by the trial Court vide order dt. 25.9.2006. Against the order dt. 25.9.2006 the petitioner filed Civil Misc. Appeal No. 10/2007 (No 6/2008) in the Court of District Judge, Jhunjhunu and the same was dismissed by the Appellate Court vide order dt. 28.2.2007. The defendant-petitioner challenged both the orders by filing present revision petition under Sec. 115 CPC.

(2.) In these circumstances, the non-petitioner has moved the present application on the ground that the revision petition is not maintainable under Sec. 115 CPC and the same is liable to be dismissed.

(3.) It was submitted by learned counsel for the non-petitioner that according to amended Sec. 115 CPC, a revision petition is maintainable only when an order in favour of the party applying for revision would have given finality to the suit or other proceedings. According to learned counsel in the present case even if the revision petition is allowed, at the most as a consequence of it ex-parte decree passed by the trial Court on 31.8.1996 would be set aside and suit filed by the plaintiff-non-petitioner will be reheard and redecided and such order made in favour of the petitioner by allowing this revision petition, it would not give finality to the suit filed by the plaintiff-non-petitioner as that suit would be reheard and re-decided. In support of his submissions, learned counsel for the non-petitioner relied upon the case of Shiv Shakti Coop. Housing Society, Nagaur vs. Swaraj Developers & Ors., 2003 6 SCC 659.