SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(Pat) 619

MUNGESHWAR SAHOO
Arun Kumar – Appellant
Versus
Shyampati Kuer – Respondent


Advocates Appeared:
For the Appellant : Shaishav Kumar and Anil Kr. Singh
For the Respondents: Rakesh Kumar Srivastava, Jaswir Singh Arora, Ajay Kumar and Ravi Bhatia

ORDER :

MUNGESHWAR SAHOO, J.

1. I have already heard the learned counsel Mr. Jitendra Kishore Verma, for the petitioner and the learned senior counsel, Mr. J.S. Arora, for the Opposite Party. This Civil Revision application was admitted for hearing on 1.9.2015. However, at the time of hearing of this Civil Revision application, the learned counsel, Mr. J.S. Arora, for the Opposite Party raised objection regarding maintainability of this Civil Revision. According to the learned senior counsel, since by the impugned order dated 16.9.2006 passed by Sub-Judge-VI, Patna in Execution Case No. 1 of 2005, the objection petition filed by the petitioner under Section 47 CPC has been disposed of revision under Section 115 CPC will not be maintainable. The petitioner may, therefore, be directed to convert this Civil Revision application to an application under Article 227 of the Constitution of India.

2. On the other hand, the learned counsel, Mr. Verma, for the petitioner submitted that prior to admission in the year 2015 this objection was not raised by the other side. This Civil Revision is of the year 2006. Therefore, at the stage of hearing if the petitioner will convert this Civil Revision

























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top