RAJA BIBI Vs. SABOOR WANI
HIGH COURT OF JAMMU AND KASHMIR
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(1.) The motion is laid on 30-4-1998 for restoration of Civil Revision 172/89, titled Mst. Raja Bibi v. Saboor Wani and others, dismissed on 1-4-1998, for non-appearance and in default of prosecution. As some doubt crept whether a civil revision dismissed for absence without hearing can be restored, Mr. Mehrajuddin was heard on this aspect of the case also.
(2.) The counsel submits that the revision is against order dated 23-9-1989 of Munsiff Chadoora, upheld in appeal on 12-12-1989 by District Judge, Budgam. These orders are handed down in civil original suit for declaration, partition and injunction on Board Munsiff's Court Chadoora Revision against the order is filed u/S. 115 of the C.P.C., therefore, the revision is in fact a continuation of the original proceedings and restoration of dismissal of the revision is covered by enabling provisions of Civil Procedure Code.
(3.) On examination of the matter, provisions of S. 141, C.P.C. germane to the controversy in question is required to be taken note of as under :-"Miscellaneous proceedings :- The procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.";
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