The Hon'ble Acting Chief Justice dismissed a civil revision petition filed under Article 227 of the Constitution of India challenging an order of commitment to civil prison, holding it not maintainable due to failure to approach the Court below first.
Civil Revision Petition dismissed with liberty to raise objections in proper manner on merits.
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THE HON’BLE THE ACTING CHIEF JUSTICE SRI B.PRAKASH RAO
CIVIL REVISION PETITION NO.5329 OF 2010
ORDER:
The petitioner-judgment debtor filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 12.11.2010 in E.P.No.19 of 2010 in FCOP.No.1154 of 2008 on the file of the Family Court, Hyderabad, in committing him to civil prison.
Though several contentions sought to be urged on behalf of the petitioner in regard to his readiness and willingness, this Court would not venture to show any indulgence in accepting the revision itself since it is filed without approaching the Court below. Hence, the revision as has been framed and filed is not maintainable.
Accordingly, the Civil Revision Petition is dismissed with liberty to the petitioner to raise all objections in proper manner, which would be considered on merits and in accordance with law. No costs.
____________________ (B.PRAKASH RAO, HACJ)
26th November 2010 RRB
2 issues framed by the court
Whether a civil revision petition filed under Article 227 of the Constitution of India without approaching the Court below regarding the commitment to civil prison is maintainable.
Whether the High Court should exercise discretion to accept a revision filed without exhausting remedies below.
1 provisions across 1 enactments
Petitioner-Judgment Debtor
Respondent
B. Prakash Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
