LAXMI DEVI Vs. SHREE RAM TRADERS

JUDGEMENT

(1.) INSTANT revision has been filed against the order dated 2.11.1995 passed by learned District Judge, Jodhpur allowing the application under Order 1 Rule 10 CPC of Keshav Singh, non -petitioner No. 2, who claims himself to be landlord of the disputed shops.

(2.) ACCORDING to Shri Keshav Singh it Is he who lets out the disputed shops to tenant M/s Shree Ram Traders, non -petitioner No. 1, and he does not want to evict him. It is also alleged by Shri Keshav Singh, non -petitioner No. 2, that he is an old disabled man and his daughter plaintiff Smt. Laxmi Devi in collusion of her husband Shri Narayan Singh fraudulently obtained a sale deed on 2.9.1992 without consideration.

(3.) IT is well to remember that under Sub -section(1)(a), (b) and (c) of Section 115 CPC mere jurisdictional error is not sufficient to vary or reverse an order under revision in as much as proviso (a) and (b) added to renumbered Sub -section (1) of Section 115 CPC prohibits revisional court from varying or reversing any order including an order deciding an issue made in the course of a suit or other proceedings except where the order if so varied or reversed would finally dispose of the suit or such.order if allowed to stand would occasion a failure of justice or cause irreparable injury to the party against whom it is made.