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2020 DIGILAW 1427 (PNJ)

Gursewak Singh v. Dilbagh Singh

2020-07-13

FATEH DEEP SINGH

body2020
Judgment Mr. Fateh Deep Singh, J. (Oral):- The matter has been taken up through Videoconferencing on account of outbreak of pandemic COVID-19. 2. In a civil suit titled Gursewak Singh vs Dilbagh Singh and others, the court of learned Civil Judge (Senior Division), Tarn Taran, through impugned orders dated 19.5.2020 at the preliminary hearing held that no ground for interim injunction is made out on the stay application accompanying the suit and thus, issued notice to the defendants. It is against the said very order, the plaintiffappellant has come up in this civil revision. 3. Heard counsel for the parties and perused the records. 4. Order 43 Rule 1 of Code of Civil Procedure holds that an appeal shall lie from the following orders under the provisions of Section 104 CPC namely:- xxx xxx  xxx xxx “(r) an order under Rule 1, Rule 2 [Rule 2-A], Rule 4 or Rule 10 of Order XXXIX.” xxx xxx  xxx xxx 5. Plain reading of these provisions ensure that against an order under Rule 1 and 2 of Order 39 CPC an appeal lies against the said order, for which this Court seeks support from Iqbal Singh and others vs Chanan Singh, 1966(1) ILR (Punjab) 657. Such an order irrespective of where a notice of the application was issued or not is amenable to appeal and therefore, the arguments of Mr. Vikas Gupta, counsel for respondents no. 1 and 2 could not be controverted by Mr. Prateek Sodhi, counsel for the petitioner revisionist who has come up before this Court to assail such findings and which was the situation that has come up in Shaukat Ali Chela Khalifa Rukan Din vs The Punjab Wakf Board, Ambala Cantt., 1995(1) PLR 217 and Gayatri Devi & Ors vs Shashi Pal Singh,  : 2005(1) R.C.R. (Rent) 311. 6. Thus in light of the impermissibility of such invocation by way of revision does not lie when the Statute itself provide an appeal against such an order. In the light of the same, the present civil revision petition being not maintainable stand declined and dismissed at the preliminary stage.