Smt. Shivwati Devi vs Smt. Shashi Prabha And Another
2011 Latest Caselaw 873 ALL

Citation : 2011 Latest Caselaw 873 ALL
Judgement Date : 5 April, 2011

Allahabad High Court

Smt. Shivwati Devi vs Smt. Shashi Prabha And Another on 5 April, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 19613 of 2011
 

 
Petitioner :- Smt. Shivwati Devi
 
Respondent :- Smt. Shashi Prabha And Another
 
Petitioner Counsel :- S.C. Tiwari
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the petitioner submitted that petitioner has filed a suit for the cancellation of the sale deed and moved an application for the appointment of commission. The trial court by order dated 26.10.2010 has appointed Advocate Commissioner against which respondent filed revision, which has been allowed by the impugned order dated 22.2.2011.

Learned counsel for the petitioner submitted that the revision is not maintainable as the order directing the appointment of commission does not fall within the purview of disposal of the suit. Even though this fact has been accepted by the revisional authority, still the revision has been decided on merit and allowed. The order is patently without jurisdiction.

The matter requires consideration.

Issue notice to respondent nos. 1 and 2, returnable at an early date. The petitioner may take steps to serve the respondents within two weeks.

List in the week commencing 9.5.2011.

Order Date :- 5.4.2011