Citation : 2023 Latest Caselaw 17594 MP
Judgement Date : 19 October, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CR No. 761 of 2023
(RUHELA CHOURASIA Vs CHANDRAPRATAP AND OTHERS)
Dated : 19-10-2023
Shri Rohit Chandra Saraf, Advocate for applicant.
Shri Pradeep Dwivedi, Panel Lawyer for the respondent-State.
This civil revision is listed on the question of maintainability pointed out by the Registry, but learned counsel for the applicant placing reliance on the decision in case of ITC Limited vs. Adarsh Coop. Housing Soc. Ltd. Civil
Appeal No.6071 of 2012 submits that against the judgment and decree dismissing the civil suit filed under Section 6 of the Specific Relief Act, only civil revision is maintainable.
Primafacie, the submissions made on behalf of the learned counsel for the petitioner appears to be correct, therefore, subject to the objection yet to be raised by the respondents, this civil revision is held to be maintainable.
Issue notice on admission to the respondents on payment of process fee within seven working days, failing which, this civil revision shall stand dismissed without further reference to the Court.
Registry is directed to requisition the record of the Court below. If revision survives, list after service of notice on the respondents.
(DWARKA DHISH BANSAL) JUDGE
Pallavi
Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 10/20/2023 12:20:32 PM
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