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2016 Supreme(Gau) 210

N.CHAUDHURY
Manik Chand Patowa – Appellant
Versus
Sekhar Roy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.G.N. Sahewalla, Sr.Adv. Ms. R Jain, Advocate.
For the Respondents: Mr. S Dey, Adv.

ORDER :

Heard Mr. GN Sahewalla, learned senior counsel assisted by Ms. R Jain for the petitioner and Mr.S Dey, learned counsel for the opposite party.

2. Mr. G.N. Sahewalla, the learned senior counsel submits that no application for setting aside abatement is necessary as the provision of Order XXII does not apply to a revision petition. Referring to Rule 11 of Order XXII , learned senior counsel would argue that the provision of Order XXII are applicable to suit, however, by Rule 11 thereof it has been extended to the appeals. There is nothing in Order XXII to show that it applies to a revision petition and so the same cannot be applicable. Under such circumstances, there is no question of abatement or limitation for setting aside abatement as well. In support of his contention he has placed reliance on a judgment of this court in the case of Lilawati Gupta & Ors vs. Union of India reported in 2004 (2) GLT 77. In paragraph-33 of the aforesaid judgment, this court made an observation that a revision does not stand on the same footing as an appeal inasmuch as an appeal is nothing but an extension of a suit. Since the provisions of Order XXII have been made applicable to a suit or an a























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