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2016 DIGILAW 3362 (ALL)

Kusumlata Rastogi v. Shri Jawahar Rastogi

2016-09-30

MANOJ KUMAR GUPTA

body2016
JUDGMENT Manoj Kumar Gupta, J. -- Learned counsel for the respondents has raised a preliminary objection regarding maintainability of the instant petition under Article 227 of the Constitution. According to him, by the impugned order dated 12 August 2015, the trial Court has rejected the application filed by the defendant petitioner under section 151 CPC for providing her with police force to ensure enforcement of the order of status quo passed by the trial Court and thus, a revision would lie against the order passed on such application. 2. Learned counsel for the petitioner submitted that a revision would not lie under section 115 CPC against the impugned order, as it does not amount to a case decided. 3. In the opinion of the Court, the application filed by the petitioner, apart from being under section 151 CPC, was in respect of alleged breach of the injunction order by the plaintiffs. Thus, it was also the application invoking the power of the trial Court under Order 39, Rule 2-A CPC. In the opinion of the Court, on disposal of such an application, the petitioner has the remedy available to him under the Code of Civil Procedure itself. 4. Further, the contention of the petitioner that against the impugned order, revision would not lie, cannot be accepted inasmuch as, under the U.P. Amendment whereby section 115 CPC has been substituted with effect from 1 July 2002, the superior Court is vested with the power to vary or reverse an order, which if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. It is specifically the case of the petitioner that rejection of her application has resulted in irreparable injury to her. 5. Accordingly, this petition is dismissed with liberty reserved in favour of the petitioner to avail the alternative remedy available to the petitioner under the CPC itself. 6. Certified copies of the documents annexed with this petition, shall be returned to the counsel for the petitioner, in case an application in that regard is moved, after retaining photostat copy on record.