Rajhans v. Nirmala

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR No.1961 of 2015 (O&M) Date of decision : 28.01.2016 Rajhans alias Kalu ........... Petitioner Vs Nirmla ........... Respondent Coram :

Hon'ble Mrs. Justice Daya Chaudhary

Present:

Mr. M.R. Verma, Advocate for the petitioner.

Mr. V.K. Sheoran, Advocate for the respondent.

*** Daya Chaudhary, J. (oral) CRM No. 18001 of 2015 There is delay of 26 days in filing the revision petition. For the reasons mentioned in the application, delay of 26 days in filing the revision petition is condoned. CRR No.1961 of 2015 This revision petition has been filed for setting aside the order dated 27.01.2015 passed by learned Addl. Sessions Judge, Bhiwani vide which the ex parte order dated 31.10.2014 passed by Judicial Magistrate Ist Class, Dadri was upheld. It has been brought to the notice of this Court by learned counsel for the respondent that the order passed in the main appeal has been challenged by the petitioner himself and this revision petition has been filed against the interim order which is not maintainable.

SATYAWAN 2016.02.03 16:17 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRR No.1961 of 2015 -2Learned counsel for the petitioner has not disputed the submission made by learned counsel for the respondent. Since the order passed in the main petition has been challenged and the same is still pending, the revision petition filed against the interim order is not maintainable. Dismissed.

However, the petitioner is at liberty to raise all pleas taken in this petition before the Appellate Court in the appeal. (Daya Chaudhary) 28.01.2016 Judge sp SATYAWAN 2016.02.03 16:17 I attest to the accuracy and authenticity of this document High Court Chandigarh