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2000 Supreme(All) 1194

V.M.SAHAI
G. D. SHARMA – Appellant
Versus
PRAVEEN SHARMA – Respondent


Advocates Appeared:
Hemant Kumar, J.J.MUNIR, M.KHAN

V. M. SAHAI, J.

( 1 ) THIS revision has been filed under Article 227 of the Constitution challenging the order dated 15. 7. 2000 passed in Misc. Appeal by the tower appellate court. The stamp reporter has reported that court fee paid in the revision is Rs. 100. He has mentioned in his report that the revision is not maintainable in view of Full Bench decision in AIR 1979 All 218.

( 2 ) PRIMA facie, the report appears to be correct. But the learned counsel for the revisionist Sri J. J. Munir has challenged the report and has relied on four single Judge decisions of this Court and has urged that the revision is maintainable under Article 227 of the Constitution. The learned counsel urged that he did not file the revision under Section 115 of the Civil Procedure Code, therefore, the Full Bench decision referred in the report was not attracted.

( 3 ) A Full Bench of this Court in M/s. Jupiter Chit Fund (Pvt.) Ltd. v. Dwarka Diesh Dayal, AIR 1979 All (FB) 218, after considering the State amendment has held that a decision in appeal or revision by the civil court arising out of suits or other proceedings is not amenable to revisional jurisdiction of High Court under Section 115. C. P. C.





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