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Allahabad High Court

PRIYANKA KUMARI@ PRIYA AND ANOTHERversusVISHWANTH SINGH AND 4 OTHER

Decided

Holding

The revision petition is not maintainable and is dismissed as withdrawn.

Summary

The revision petition filed by Priyanka Kumari and another against Vishwanth Singh and others was heard before Hon'ble Justice Abdul Shahid. The court examined the office report which indicated that the revision was not maintainable. Relying on the precedent set in Jupiter Chit Fund (Pvt.) Ltd. v. Dwarka Diesh Dayal and others (AIR 1979 All 218), the bench held that the petition could not proceed. Consequently, the revision was dismissed as withdrawn, with liberty granted to the petitioner to file an appropriate petition in the correct forum. No substantive merits of the underlying dispute were addressed as the procedural defect was fatal.

Issues considered

  • Whether the revision petition filed under the Civil Revision Defective Rules is maintainable.

Subjects

  • civil revision
  • maintainability
  • procedural law
  • jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CIVIL REVISION DEFECTIVE No. - 39 of 2026

                                    Priyanka Kumari@ Priya And Another
                                                                                                  .....Revisionist(s)
                                                                         Versus

                                    Vishwanth Singh And 4 Other
                                                                                                         .....Opposite
                                                                                                               Party(s)

                                    Counsel for Revisionist(s)                           :    Mushir Khan
                                    Counsel for Opposite Party(s)                        :


                                    Court No. - 39
                                                          HON'BLE ABDUL SHAHID, J.

                                    1. Heard learned counsel for the revisionist.

                                    2. As per office report, the present revision is not maintainable.


                                    3. In view of the judgment passed by this Court in Jupiter Chit Fund (Pvt.)
                                    Ltd. Versus Dwarka Diesh Dayal and others, AIR (1979) All 218, the
                                    present revision is hereby dismissed as withdrawn with liberty to the
                                    revisionist to file the appropriate petition before the appropriate court.



                                                                                                 (Abdul Shahid,J.)
                                    May 7, 2026
                                    K.K. Maurya




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

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