M.R.Sharma, J. - (1.) The revision petition filed in this Court was not accompanied by a certified copy of the order passed by the trial Court. The petition was admitted to hearing on an assurance given on behalf of the petitioner that he would file certified copy of the order passed, by the learned Court below as soon as the same was made available.
(2.) When the case came up before me sitting in Chambers, a preliminary objection was raised on the strength of a Single Bench decision of this Court in Behari Lal v. Smt. Kaushalya Devi, 1971 Pun LJ 868, that such a petition was not competent in the absence of a certified copy of the order passed by the trial court and there was no provision of law which entitled the revisional Court to pass an order dispensing with the production of the copy of such an order with the revision petition. I thought the view taken in Behari Lal's case (supra) was too stringent and needed some modification. At my request the learned Chief Justice ordered that this case should be decided by e Division Bench.
(3.) Rule 7 appearing in Chapter 1-A of Volume V of the Rules and Orders of the Punjab High Court, reads as under:-- "7. Every such petition shall be stamped as required by law and shall be accompanied by a copy of the decree or order in respect of which such application is made and by a copy of the judgment upon which such decree is founded. In the case of petitions for revision of the decree or order of an appellate court, a copy of the judgment or order of the court of first instance shall also be filed.";