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Allahabad High Court

IQBALversusHUKAM SINGH (SINCE DECEASED) AND 4 OTHERS

Decided

Holding

The civil revision is not maintainable and is dismissed.

Summary

The petitioners, Iqbal, filed a civil revision challenging the dismissal of their suit and a subsequent dismissal of their appeal with a Section 5 limitation condonation application. No counsel appeared for the petitioners at the hearing. The respondents argued that the revision was not maintainable because the order under challenge was a dismissal and the appeal had already been dismissed, citing the Full Bench decision in Jupiter Chit Fund Ltd. v. Dwarka Diesh Dayal (AIR 1979 All 218). The court accepted this reasoning, held that the revision was barred, and dismissed it as not maintainable. Certified copies of the documents were to be returned to the petitioners upon request.

Issues considered

  • Whether a civil revision is maintainable when the order under challenge is a dismissal of the suit and the appeal with condonation under Section 5 of the Limitation Act has also been dismissed.
  • Whether the Full Bench decision in Jupiter Chit Fund Ltd. v. Dwarka Diesh Dayal precludes the maintainability of such a revision.

Legislation cited

Subjects

  • civil revision
  • maintainability
  • limitation
  • procedure
  • full bench precedent

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          CIVIL REVISION No. - 97 of 2024

                                    Iqbal
                                                                                                .....Revisionist(s)
                                                                        Versus

                                    Hukam Singh (Since Deceased) And 4 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Revisionist(s)    : Anup Kumar Srivastava,                   Tariq
                                                                    Maqbool Khan
                                    Counsel for Opposite Party(s) : Ashish Kumar Singh

                                    Court No. - 54
                                                         HON'BLE ANIL KUMAR-X, J.

                                    1. None has appeared on behalf of the revisionist even in revised call.

                                    2. Shri Ashish Kumar Singh, learned counsel for the respondents
                                    submitted that this civil revision is not maintainable because the order
                                    under challenge is dismissal of suit instituted by the revisionist-plaintiff.
                                    The appeal alongwith delay condonation application under Section 5 of
                                    the Limitation Act was filed by the revisionist which was also dismissed.

                                    3. As per Stamp Reporter, the instant revision is also not maintainable in
                                    view of the Full Bench decision in Jupiter Chit Fund (Pvt.) Ltd. vs
                                    Dwarka Diesh Dayal And Others, AIR 1979 All 218.

                                    4. Accordingly, this revision is dismissed as not maintainable.

                                    5. If the learned counsel for the revisionist requests, certified copies of the
                                    documents shall be returned as per rules after retaining photocopies of the
                                    same on record.


                                                                                              (Anil Kumar-X,J.)
                                    September 11, 2026
                                    SK




Digitally signed by :-
SUSHEEL KUMAR
High Court of Judicature at Allahabad


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