Balwant Singh and Another vs Bishan Singh

Sat Pal, J.—Bishen Singh (who is respondent in this petition) filed an application under Order 41, Rule 27 of the CPC which was allowed by the learned lower appellate Court vide order dated August 10, 1997, which has been impugned in the present petition. Notice of this petition was issued to the respondent.

After hearing the learned counsel for the parties and having perused the impugned order, I find that the point raised in this petition is squarely covered by the recent judgment of the Supreme Court in Gurdev Singh and others Vs. Mehnga Ram and another, . In that judgment the Apex Court held that the revision petition u/s 115 of the CPC was not maintainable against an order whereby the application filed under Order 41, Rule 27(b) had been allowed by the lower learned appellate court.

It was further observed that it was open to the respondent to challenge the same in accordance with law, if an occasion arises to carry the matter in the second appeal after appellate decree is passed.

Accordingly, the petition which has been filed u/s 115 of the CPC is dismissed. It is, however, made clear that it would be open for the petitioner to challenge the point raised in this petition if an occasion arises, to carry the matter in the second appeal after the appellate decree is passed.

With these observations, this civil Revision Petition stands disposed of.