SANJEET SINGH Vs. CHEDILAL TULSIYAN

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India wherein order dated 16.08.018 passed in Civil Appeal No.36 of 2016 has been assailed by which the appeal has been dismissed being time barred.

(2.) This Court while hearing the petitioner has raised the issue about maintainability of the writ petition under Article 227 of the Constitution of India on the ground that since the civil appeal against the judgment/decree passed in title suit being Title Suit No.94 of 1992 has been dismissed although on the point of limitation as to whether it will be said to be an order interlocutory in nature maintaining a writ petition under its revisionary jurisdiction conferred under Article 227 of the Constitution of India or a final conclusive order affirming the decree passed by the trial Court.

(3.) Mr. Sudhir Kumar Sharma, learned counsel for the petitioner has submitted that since the appeal has been dismissed on the point of limitation, therefore, it will be said to be an order interlocutory in nature and as such, petition under Article 227 will be maintainable since according to him if the impugned order dated 16.08.2018 would be set aside, the result would be revival of the appeal and in that view of the matter the order passed by the First Appellate Court will be said to be interlocutory in nature.