CLR/85/2021
2021 Latest Caselaw 4610 UK

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                                      CLR No.85 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. I.P. Kohli, Advocate for the revisionist. The revisionist is the defendant in Suit No.114 of 2015, Dr. Manju Bhandari vs. Smt. Vandana Jagudi and others, which was decreed by the court of Civil Court (Jr. Div.), Dehradun vide its judgment of 05.10.2017.

On a challenge being given to the said judgment and decree of the learned trial court, the same was affirmed in Civil Appeal No.135 of 2017 Vandana Jagudi vs. Dr. Manju Bhandari preferred under Section 96 of C.P.C. The appellate judgment of 05.10.2021, in fact has been affirmed while exercising of powers under Section 96 of the Code of Civil Procedure; but since the suit itself was valued at Rs.24,500/-, the second appeal would be barred under the amended provision of Section 102 of the Code of Civil Procedure.

In that eventuality as against the principal judgment rendered by the appellate court under Section 96 of the Code of Civil Procedure, this Court is of the view that the revision under Section 115 of the Code of Civil Procedure would not lie. In that eventuality, the revision is permitted to be dismissed as withdrawn with liberty to file a writ petition or any other proceedings permissible under law, challenging the orders, which are under challenged in the present revision.

The Registry is directed to return the certified copies of the impugned judgments to the counsel for the revisionist by substituting the same with the Xerox copy.

(Sharad Kumar Sharma, J.) 17.11.2021 Arti