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Charan Singh Vs Jinder Kaur

Case No: C.R. No. 4365 of 1999

Date of Decision: Feb. 2, 2000

Acts Referred: Civil Procedure Code, 1908 (CPC) — Order 33 Rule 1

Citation: (2000) 2 CivCC 141

Hon'ble Judges: V.M. Jain, J

Bench: Single Bench

Advocate: R.K. Gupta, for the Appellant;

Final Decision: Dismissed

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Judgement

V.M. Jain, J.@mdashThis is a revision petition against the order dated 31.5.1999 passed by the learned trial Court dismissing the application of

the defendant for dismissal of the application under Order 33, Rule 1 C.P.C. holding that the plaintiff had filed the original application personally.

2. I have heard the Learned Counsel for the petitioner.

3. The learned trial Court while dismissing the application of the defendant found it as a fact that originally the petition under Order 33, Rule 1 CPC

was filed by the plaintiff personally and it was only the amended petition which was subsequently filed by counsel for the petitioner. I find no

illegality or irregularity in the view taken by the learned trial Court. Accordingly finding no merit in this revision petition, the same is hereby

dismissed. No costs.