KAILASH SARAF @ KAILASH CHANDRA SARAF v. SAMPATI DEVI SARAF
2014-07-16
A.M.SAPRE
body2014
DigiLaw.ai
Judgment Heard Mr. D. Nandi, learned counsel for the petitioner and Mr. S. Shyam, learned counsel appearing for the respondents. This revision is filed under Section 115 of CP Code and it arises out of an order dated 16.01.2014 passed by Munsiff No.3, Kamrup, Guwahati, in Misc. Case No.342/2012 which in turn arises out of an order dated 10.04.2012 passed by the same Judge in Misc. (J) Case No.433/2010. By the impugned order, the learned Judge dismissed the review petition filed by the petitioner against the order dated 10.04.2012 passed in Misc. (J) Case No.433/2010 by the same Judge. Having heard learned counsel for the petitioner and on perusal of the record of the case, I am of the view that the proper course of action now available to the petitioner is to challenge the main order dated 10.04.2012 passed in Misc.(J) Case No.433/2010 by filing a revision under Section 115 of the C. P. Code rather than to pursue the present revision against an order passed on review petition which also arises out of order dated 10.4.2012. The petitioner would always be at liberty to raise all such grounds including the one raised in review petition in the Revision because firstly the scope of revision while examining the legality and correctness of the order dated 10.04.2012 is much larger and secondly, it is in High Court. It is made clear that while prosecuting the revision, if filed, the order impugned would not come in the way of the revision petitioner. The petitioner can always make an application seeking condonation of delay in filing the revision on the ground that since he was prosecuting his remedy against the order dated 10.04.2012 in review petition and hence there was no need to file Revision against such order and no sooner the Review was dismissed, he filed the Revision against the order dated 10.4.2012. It is with these observations, I permit the petitioner to withdraw this revision with a liberty to file revision under Section 115 of the C P Code against the order dated 10.04.2012 passed in Misc.(J) Case No.433/2010. No cost.