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2004 Supreme(Del) 192

VIKRAMAJIT SEN
NARINDER SINGH, NARINDER BAHADUR – Appellant
Versus
RAJINDER PRASAD – Respondent


Advocates Appeared:
G.D.GANDHI, SATISH SAHAI

VIKRAMAJIT SEN, J.

( 1 ) THIS Revision has been filed by the Petitioner stating therein that "due to recent amendments in the provisions of Section 115 of the Code of Civil Procedure, a legal bar has been created to the filing of the present Revision Petition, but still there is a remedy for invoking of supervisory jurisdiction under Article 227 of the Constitution of India. " It has then been prayed that the present Petition be converted into one under Article 227 of the Constitution. In this regard reference may be made to Shiv Shakti Coop. Housing Society, Nagpur vs. Swaraj Developers and Others, (2003) 6 SCC 659 in which the Apex Court had clarified that a Revision is not maintainable against interlocutory Orders. The Applicant appears to be aware of this judgment. In this very decision, however, the Hon ble Supreme Court has observed as follows:

"35. It was submitted by learned counsel for the appellants that even if the revision applications are held to be not maintainable, there should not be a bar on challenge being made under Article 227 of the Constitution. It was submitted that an opportunity may be granted to the appellants to avail the remedy. 36. If any remedy is avail






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