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
- Limitation Act — s. 5
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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