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2009 Supreme(Pat) 1077

PATNA HIGH COURT
P.K.Misra and Shiva Kirti Singh JJ.
Jagdish Prasad Chouhan
Versus
Bhuneshwar Chouhan
C. R. No. 2081 of 2007
Decided On : AUGUST 13, 2009

Headnote:Family Courts Act, 1984-Section 19(5) r/w Code of Civil Procedure, 1908-Sections 115 & 105-Maintainability of revision application against the interlocutory order passed by a Family Court-petitioner is aggrieved by the order by which he has been impleaded as a second respondent and certain allegations incorporated by way of amendment in a proceeding before the Family Court-such order being interlocutory in nature no revision against it is maintainable either u/s 19(5) of the Act or Section 115-civil revision dismissed with a liberty to the petitioner to raise all the objections in appeal as contemplated u/s 105 of the C.P.C.

       (Paras 4 & 5)

       

JUDGEMENT

1. Heard Mr. Bindhyachal Singh, counsel for the petitioner and Mr. Manoj Kumar Sinha, counsel for the opposite party no. 1.

2. The matter has been listed for considering the maintainability of revision application. The petitioner, who was not impleaded as a party in the proceedings before the Family Court, has filed this petition under Section 115 of the Code of Civil Procedure challenging the order dated 10.8.2007 of the Family Court, whereunder the said petitioner has been impleaded as a second respondent and certain allegations have also been incorporated by way of amendment.

3. The office note points out that revision is not maintainable in view of the provision of Section 19(5) of the Family Courts Act.

4. Learned counsel for the petitioner submits that since the order passed by the Family Court is an interlocutory order, it is not appeable under Section 19(1) and, therefore, a revision will be maintainable. However, in view of the specific bar contained in Section 19(5), such revision also would not be maintainable. Moreover, if assuming that Section 115 would be applicable but, particularly, in view of the proviso to Section 115, no revision against an interlocutory order would be maintainable.

5. Therefore, this revision is dismissed as not maintainable. It is made clear that if ultimately the present petitioner is aggrieved by the final order then he can take up all the grounds ofobjection in appeal as contemplated in Section 105 of the Code of Civil Procedure.


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