Lrs of Late Sh. Indermal v. Takhat Singh
Case brief
What is this about?
The Hon'ble Court held that a writ petition challenging an order under Order IX, Rule 13 CPC is not maintainable as it is revisionable under Section 115 CPC. The petition was converted into a revision petition and listed before the appropriate Bench.
What did the court decide?
Petition converted into a revision petition and listed before the appropriate Bench.
What the court decided
S.B. CIVIL WRIT PETITION NO.217/2016
Date of Order :: 07.01.2016
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Rajesh Shah, for the petitioners.
The petitioners have challenged the order dated 18.09.2015 passed by the trial court, whereby the application filed by the respondent under Order IX, Rule 13 CPC has been allowed.
The order passed by the trial court under Order IX, Rule 13 CPC is open to revision under Section 115 CPC, in view thereof, the present writ petition is not maintainable.
Learned counsel for the petitioners makes an oral request to convert the present writ petition into a revision petition.
Office is directed to register the present writ petition as S.B. Civil Revision Petition and list the same before appropriate Bench.
(ARUN BHANSALI), J.
PKS-117
Issues for consideration
2 issues framed by the court
Whether the present writ petition challenging a revisionable order is maintainable.
Whether to convert the writ petition into a revision petition for listing before appropriate Bench.
Parties & counsel
- petitioner
Petitioners
- respondent
Respondent
Coram
Arun Bhansali
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CW/217/2016
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