SHRICHAND Vs. CHANDRA PRAKASH

JUDGEMENT

(1.) This petition has been filed challenging the order dated 21.12.2005 passed by the Additional District Judge, Court No.7, Azamgarh, inter alia, on the ground that the revision was not maintainable before the Additional District Judge and appeal was maintainable.

(2.) The aforesaid aspect of the matter was completely overlooked by the Additional District Judge and thereafter he proceeded to decide the revision on merit and allowed the same.

(3.) The facts, in brief, are that a suit for permanent injunction was filed, which was dismissed in default and thereafter an application for restoration under Order 9, Rule 9 C.P.C. was moved, which was dismissed. Thereafter, another application was moved, which was also dismissed. Then, third application for restoration was moved, which too was also dismissed and thereafter the said order was recalled and the application was allowed on merit. Against the aforesaid order, revision was filed.