Hon'Ble Sharad Kumar Sharma vs Unknown
2021 Latest Caselaw 536 UK

WPMS No. 685 of 2019
Hon'ble Sharad Kumar Sharma, J.

Mr. Piyush Garg, Advocate, with Ms. Aklema Parveen, Advocate, for the petitioners.

Mr. Pankaj Sharma, Advocate, for the respondent.

The petitioners before this Court, in the present writ petition had given a challenge, to an order dated 05.03.2019, which had been passed by the Court of 2nd Additional District Judge, Rishikesh, Dehradun in Original Suit No. 117 of 2014, M/s Jaiguru Dev Transport Company Vs. Vardhman Traders and other, which was a suit for the grant of a decree for recovery of money.

During its pendency, the petitioners had moved an Application being paper No. 84(Ga1), for the purposes of placing certain documents on record, which were prayed for to be considered by the learned trial Court, for the purposes of adjudication of the Suit, it is this application, which had been rejected by the impugned order dated 05.03.2019.

The order dated 05.03.2019, as was passed by the 2nd Additional District Judge, Rishikesh, District Dehradun, has been rendered, in the original suit which was preferred under Section 9 of the CPC, and in view of the Uttarakhand Amendment made under Section 115 of the CPC by an Act of 1 of 2006, the said order would be revisable and the writ against it would not be the remedy available to the petitioners.

In that view of the matter, the writ petition is permitted to be dismissed as withdrawn with liberty open to the petitioners to file a Civil Revision, as per law, and it goes without saying that preference of a Civil Revision, after passing of today's order, would also entail consideration of the aspect of limitation as had been contemplated under Section 5, to be read with Section 14 of the Limitation Act.

Let a certified copy of the impugned judgment dated 05.03.2019, to be returned to the learned counsel for the petitioners by the Registry of this Court, by substituting it with a xerox copy.

(Sharad Kumar Sharma, J.) 26.02.2021 Mahinder/