Jarnail Singh v. Amarjit Singh
Case at a glance
Provisions considered
Judgment
Mr. Abhishek Arora, Advocate for Mr. Vijay Rana, Advocate. Mr. Ramesh Chand, Advocate .. petitioner ... respondent M.M.S. BEDI,J. The suit filed by the plaintiff- petitioner was dismissed in default on 26.7.2008. An application filed for restoration of the suit, was dismissed vide order dated 13.12.2010. This revision petition is preferred against order dated
13.12.2010 despite the fact that the order is appealable under Order 43 Rule 1 ( C ) CPC. Counsel for the respondent has filed a misc. application to place on record order dated 21.12.2010 passed by the lower appellate court dismissing the appeal against order dated 13.12.2012 as withdrawn on 21.12.2010. The revision petition has been filed before this court on
8.7.2011 after the withdrawal of appeal on 21.12.2010 without even a reference to the order dated 21.12.2010 passed by the lower appellate court. In view of the said circumstances, this revision petition is not maintainable and is dismissed without prejudice to the rights of the pursuing his appeal before the lower appellate court in accordance with law subject to the plea of limitation and maintainability, which would be available to the defendant- respondent. April 16 ,2012 TSM ( M.M.S. BEDI ) JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908.
Which court decided this case, and when?
Punjab & Haryana High Court, on 16 Apr 2012. The bench was M M S BEDI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.