Gurdev Singh And Others v. Harbans Singh And Others

RA-CR-59-2025 in CR No.1745 of 2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RA-CR-59-2025 in CR No.1745 of 2022 Date of decision : 26.08.2025 Gurdev Singh and others ....Petitioners

Versus

Harbans Singh and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Aayush Gupta, Advocate for the applicants/respondent No.6 & 7.

Mr. Puneet Jindal, Sr. Advocate with Mr. Karan Singla, Advocate and Ms. Malvi Aggarwal, Advocate for the non-applicants/petitioners.

PANKAJ JAIN, J. (ORAL) The present review application has been filed pursuant to the liberty granted by Supreme Court.

2.

Mr. Gupta has raised plea that the revision petition was not maintainable and the only course for the appellants/petitioners was to file appeal against the order. Reliance is being placed upon Order XLIII Rule 1(u) CPC. He further submits that once the remand order had already been complied with and the parties had submitted to the jurisdiction of the Court, pursuant thereto, the revision ought not have been allowed. 3.

I have heard counsel for the parties and have carefully perused the record.

DEEPAK KUMAR 2025.09.03 17:42 I attest to the accuracy and integrity of this document

RA-CR-59-2025 in CR No.1745 of 2022 3.

The reliance placed upon Order XLIII Rule 1(u) CPC, is misconceived. Once, this Court had held that the provision as contained under Order XLI Rule 23 CPC is not attracted and the power invoked is relatable to Order XLI Rule 25 CPC, only revision petition was maintainable and the order was not amenable to appellate jurisdiction under Order XLIII Rule 1(u) CPC, as claimed.

4.

In view thereof, the first plea raised by Mr. Gupta, is rejected. 5.

So far as the second plea raised by Mr. Gupta is concerned, the fact being pointed out was never brought to the notice of this Court at the time the revision was argued.

6.

In view thereof, finding no merit in the instant application, the same is ordered to be dismissed.

August 26, 2025 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2025.09.03 17:42 I attest to the accuracy and integrity of this document