N K KHOLIA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-96
HIGH COURT OF UTTARAKHAND
Decided on June 11,2013

N K Kholia Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) HEARD Sri M.C. Pande, Senior Advocate assisted by Sri Devesh Upreti, Counsel for the petitioner and Sri Pankaj Tangwan, Brief Holder on behalf of the State/respondent.
(2.) BY means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the order dated 7.3.2009, passed by Addl. District Judge/1st F.T.C. Nainital in Misc. Review Case No. 17 of 2003, N.K. Kholia Vs. State of U.P. (presently State of Uttarakhand) and another, whereby the review application was dismissed.
(3.) THE facts of the case, in short, are that the petitioner filed suit No. 137 of 1998 for recovery of Rs. 24,000/ - against the State/respondent. The said suit was dismissed by the trial court vide judgment and decree dated 23.5.2003. Aggrieved by the judgment and decree the petitioner filed review application which was registered as Misc. Review Case No. 17 of 2003, which was too dismissed vide impugned order dated 7.3.2009. Further aggrieved the petitioner has preferred this writ petition. Learned Brief Holder appearing on behalf of the State has contended that the writ petition is not maintainable against the impugned order rejecting the review application.;


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