HUSSAN BHAT Vs. HAJI MOHD SULTAN

JUDGEMENT

(1.) THIS is a revision application directed against an order of the Special Sub Judge (Judge Small Causes) Srinagar, holding that the suit was within time.

(2.) A preliminary objection is taken by the respondent that the revision application is not maintainable inasmuch as the petitioner has another remedy by way of appeal open to him if the suit is decreed against him. The learned counsel for the petitioner argued, in reply that if the revision is allowed and the suit is held to be barred by limitation his client will be saved from unnecessary expense and inconvenience of defending the suit in the trial Court. Although in a Full Bench decision of this Court, I, J & K. L. R. 26, Rasul Makru & Ors. versns Des Raj, it has been held that revision against an interlocutory order passed by the court on the point of limitation is not maintainable yet I have heard the revision application on merits and I am of the opinion that there is no substance in this revision application and it must fail.

(3.) THE facts out of which this revision application has arisen, briefly stated, are these : -