A.N.Varma, J. - (1.) By this writ petition, the validity of an order passed by the learned V Additional District Judge, Aligarh on 11-10-1976 is questioned.
(2.) The relevant facts are these,
(3.) A plaint was presented by respondent No. 2 in which the petitioners were arrayed as defendants. The plaint was rejected by the trial court on the ground of insufficiency of the court-fee stamp. The plaintiff thereupon filed an application for recalling of that order under Sections 148, 149 and 151 of the Code of Civil Procedure. The said application was rejected by the trial Court on the short ground that it was not maintainable and that the plaintiff had his remedy only by way of appeal against the order rejecting the plaint. Aggrieved by that order, the plaintiff filed a revision under Section 115 of the Code of Civil Procedure which was allowed by the impugned order by the learned V Additional District Judge, Aligarh. The learned District Judge allowed the revision and set aside the order passed by the trial Court rejecting the application of the plaintiff. While allowing the revision, the learned District Judge has directed that the application in question be disposed of by the trial Court on merits.;