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1976 Supreme(P&H) 47

BHOPINDER SINGH DHILLON, M.R.SHARMA
T. N. Mahajan – Appellant
Versus
Janta Steel And Metal Co Op. Industrial Society Ltd. – Respondent


Judgment

M.R.SHARMA, J.

1. The revision petition filed in this Court was not accompanied by a certified copy of the order passed by the trial Court. The petition was admitted to hearing on an assurance given on behalf of the petitioner that he would file certified copy of the order passed by the learned Court below as soon as the same was made available.

2. When the case came up before me sitting in Chambers, a preliminary objection was raised on the strength of a Single Bench decision of this Court in Behari Lal V/s. Smt. Kaushalya Devi, 1971 0 PunLJ 868, that such a petition was not competent in the absence of a certified copy of the order passed by the trial court and there was no provision of law which entitled the revisional Court to pass an order dispensing with the production of the copy of such an order with the revision petition. I thought the view taken in Behari Lal s case (supra) was too stringent and needed some modification. At my request the learned Chief Justice ordered that this case should be decided by a Division Bench.

3. Rule 7 appearing in Chapter 1-A of Volume V of the Rules and Orders of the Punjab High Court, reads as under:-

"7. Every such petition shall be










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