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2015 Supreme(All) 3480
ALLAHABAD HIGH COURT
Pramod Kumar Srivastava, J.
Ajay Agarwal - Appellant
Versus
State of U.P. & Another - Respondent
Criminal Revision No. - 3666 of 2010
Decided On : 10-07-2015
Important Points
Subject
Civil Law - Interlocutory Orders
Headnote
Revision - Interlocutory Order - Dismissal of Revision
Fact of the Case:
The court had passed an order for issuing process to the absent opposite party, which was challenged through a revision.
Finding of the Court:
The court found that issuing notice to the absent opposite party is an interlocutory order, and therefore, the revision was not maintainable.
Issues: Challenge to an interlocutory order
Ratio Decidendi: Revision not maintainable for challenging interlocutory orders
Final Decision: The revision was dismissed.
For the Revisionist :- Raghuraj Kishore
For the Opposite Party :- Govt. Advocate
Pramod Kumar Srivastava, J.
List revised. None present on behalf of the revisionist.
2. Heard learned AGA and perused the record.
3. The court of Judicial Magistrate (Civil Judge,Junior Division), Court No. 3, Bijnor had passed order dated 2.08.2010 in case no. 48 of 2010 (Smt. Reena Agarwal Vs. Ajay Agarwal) for issuing process to absent the opposite party, namely, Ajay Agarwal, revisionist. This order has been challenged through present revision.
4. Issuing notice to absent the opposite party is a interlocutory order, against which, revision is not maintainable. Therefore, this revision is dismissed.
