The revision was dismissed as not maintainable against an interim order. The court held revisions are not maintainable on non-final orders and directed the revisionist to file an application in the pending revision to ascertain compliance.
Revision dismissed as not maintainable; liberty to approach trial court in pending revision retained.
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Court No. - 19
Case :- S.C.C. REVISION DEFECTIVE No. - 80 of 2018
Revisionist :- Gulab Chandra Kanodiya Opposite Party :- Amit Gupta Counsel for Revisionist :- Saurabh Srivastava
Hon'ble Manoj Kumar Gupta,J.
The instant revision filed under Section 25 of the Provincial Small Cause Courts Act is an offshoot of the liberty granted to the revisionist to approach trial court for ascertainment of the fact whether interim order granted by this Court on 31.3.2015 in SCC Revision No.30 of 2018 is being complied with by the tenant or not or the interim order got vacated on account of non compliance.
In the considered opinion of the Court, the impugned order is not a final order and a revision against such an order would not be maintainable. It is always open to the revisionist to file application in pending Revision No.30 of 2018 wherein the interim protection was granted and the issue relating to non compliance of which order, is to be decided.
Accordingly, the revision is dismissed with liberty aforesaid reserved in favour of the revisionist.
(Manoj Kumar Gupta, J.) Order Date :- 11.12.2018 skv
1 issue framed by the court
Whether a revision can be maintained against an interim order that is not a final order.
1 provisions across 1 enactments
Amit Gupta
Manoj Kumar Gupta
As recorded by the court registry
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