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2010 Supreme(Pat) 996

MIHIR KUMAR JHA, DIPAK MISRA
Durga Devi Wife Of Shri Kailash Prasad Agrawal – Appellant
Versus
Vijay Kumar Poddar Son Of Late Nagarmal Poddar – Respondent


JUDGEMENT

Dipak Misra, J.

1. Expressing doubt with regard to the correctness of the decisions rendered in Joydeb Banerjee V/s. Subodh Choudhary & Anr., 2005(1) PLJR 440, Raghubans Mani V/s. Mahabir Babu Marwari, (2005)4 PLJR 135, and Prem Shankar Chaudhary V/s. Special Officer, now President, Bihar State Board of Religious Trust & Ors., (2005)4 PLJR 487, the learned Single Judge thought it apposite to refer the following questions for delineation by a larger Bench:

"(i) Whether the Civil Revision against an interlocutory order (an order which could not have finally decided the suit or proceedings in favour of the party applying for revision, if same had been passed by the court concerned in his favour) is maintainable in view of the newly substituted proviso to the sub section (1) of Section 115 of the Code?

(ii) Whether, even assuming that there is such a bar, still the High Court can interfere with such orders under "Civil Supervisory Jurisdiction"?

(iii) Whether in each and every such Civil Revision, even if a petition has been filed under Section 115 of the Code, the High Court can hear and decide the same in exercise of its power under Article 227 of the Constitution of India?












































































































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