- (1.) The revision petition No. 26/-89 has been filed against the order of the Additional District Judge Sri Ganganagar dt. 19-11-88 by which he did not receive supplementary bill filed by the petitioner. The revision petitions Nos. 35, 36 and 37/89 have been filed against similar orders of the Civil Judge, Merta dt. 17-12-88 by which documents filed by the petitioners in their cases were not received. All these four revision petitions are being disposed of by this common order as a common question is involved in them.
(2.) In all the four revision petitions, the learned counsel for the non petitioners have raised a preliminary objection that no revision petition lies u/S.115, C.P.C. against an order passed under Order 13 Rule 2, C.P.C. In support of their contention, they relied upon the decisions of their Lordships of the Supreme Court in Managing Director (MIC) Hindusthan Aeronautics Limited Balanagar, Hyderabad v. Ajit Prasad Tarway Manager, Purchase and Stores. Hindustan Aeronautics Ltd., Balanagar, Hyderabad, AIR 1973 SC 76; M.L.Sethi v. R.P.Kapoor, AIR 1972 SC 2379; Manick Chandra Nandy v. Debdas Nandy, AIR 1986 SC 446, Pandurang Dhondi v. Maruti Hari, Jadhav, AIR 1966 SC 153 and also on the decision of this court given in Radheyshyam v. Nathuram, AIR 1980 Raj 111.
(3.) In reply to the preliminary objection, it has been contended by the learned counsel for the petitioners that revision u/ S.115, C.P.C. is perfectly maintainable against an order passed under O.13 R.2, C.P.C., if it is passed by the Court with material irregularity in the exercise of its jurisdiction. They further contended that revision petitions are being entertained and allowed against such orders. They placed reliance upon Ramjilal v. Durgalal, (1988) 2 Rajasthan LR 464 Nand Kishore v. S.Budharam, 1986 Rajasthan LR 537 Nenu Ram v. Vardi Chand, AIR 1978 Raj 138 Jagannath v. Jodha Ram, 1980 Raj LW 42 : Municipal Council Bharatpur v. Gokal Chand (1987) 2 Rajasthan LR 248 R.N. Dhoot v. B.R. Shroti, AIR 1980 Bom 387; Bhikari Charan v. Basanti, AIR 1985 Orissa 49, Ganesh Ram v. Paras Finance Co., 1984 Rajasthan LR 877, Yaqoob Ali v. F. Haji Taj Khanji Ibrahimji, 1983 Rajasthan LR 271 ; Karnataka Agro Corporation v. A. Narain Nayak, (1989) 1 Cur CC 464 (Kant) Khanchand H. Chatlani v. Suresh Ramchand Chugani, (1988) 2 Cur CC 977 (Kant) and order dt. Nov. 1, 1988 passed in Civil Revn. No. 72/84 Banshilal v. Smt. Chhangani Devi.;