Rubia Khatun vs Mansoor Khan
2022 Latest Caselaw 7719 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- CIVIL REVISION DEFECTIVE No. - 8 of 2022
 

 
Revisionist :- Rubia Khatun
 
Opposite Party :- Mansoor Khan
 
Counsel for Revisionist :- Rajendra Prasad Singh
 

 
Hon'ble J.J. Munir,J.

As per Stamp Reporter's report dated18.07.2022, a certified copy of the formal order has been filed by the revisionist. The defect, therefore, stands removed.

Let Office assign a regular number to this revision.

This revision has been preferred against an ex parte order passed by the Principal Judge, Family Court, Sonbhadra in Matrimonial Case No. 31 of 2021 that is, in fact, a suit for divorce preferred under Section 2 of the Dissolution of Muslim Marriages Act, 1939. A perusal of the order shows that the Family Court has exercised powers under Order VII Rule 11 C.P.C. and dismissed the suit. Invariably an order under Order VII Rule 11 CPC results in rejection of the plaint; not in dismissal of the suit.

Be that as it may, the order dated 22.04.2022 being an order passed by the Family Court is a final order, and, therefore, appealable under Section 19 of the Family Courts Act, 1984. This revision under Section 115 C.P.C. is not maintainable.

This revision is dismissed as not maintainable. However, this order will not prejudice the right of the revisionist to avail such remedy, as he may be advised.

Let certified copies of the judgment and formal order be returned to the learned Counsel appearing on behalf of the revisionist by the Office forthwith.

Order Date :- 21.7.2022

Deepak