Jammu & Kashmir & Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has held that Section 438 of Bharatiya Nagarik Suraksha Sanhita bars the filing of a Revision Petition against Interlocutory orders of mere issuance of notices.
The Court was considering a Petition challenging orders of issuance of notice to the Petitioner and filing of Revision Petition in same.
The single bench of Justice Sanjay Dhar observed, “An order issuing notice on an application does not decide the rights of the parties, therefore, such an order is interlocutory in nature. Such orders are passed by a Court to manage the proceedings without finally determining the rights of the parties. An interlocutory order is used to address procedural matters and it does not decide the rights of the parties conclusively. Therefore, such an order is not amenable to revisional jurisdiction of the superior court. In fact sub section (2) of Section 438 of BNSS creates a statutory bar for exercising revisional powers in relation to any interlocutory order. Thus the revisional court has rightly refused to entertain the revision petition filed by the petitioners.”
The Petitioner was represented by Advocate Syed Irfan Rizvi.
Facts of the Case
In one order, the Trial Court issued a Notice on an application filed by the Petitioner seeking a direction upon the respondents not to proceed with the sale or alienation of the property to any third person. In the other, the Revision Petition against the same was dismissed.
The Petitioner had filed a Petition under Section 12 of the Protection of Women from Domestic Violence Act before the trial Magistrate and in that Petition, an order came to be passed whereby the Respondents were restrained from evicting the Petitioners from the house where they were residing. The Respondents were further restrained from harassing the Petitioners and creating any domestic violence against them.
Later, the Petitioner filed an Application before the Magistrate seeking execution of aforesaid order and also filed another Application seeking directions upon the Respondents not to proceed with sale or alienation of their property to any third person. Notices were issued in these Applications and the same were challenged by way of Revision Petition and the same was dismissed as not maintainable.
Reasoning By Court
The Court held that Section 438 of Bharatiya Nagarik Suraksha Sanhita bars the filing of a Revision Petition against Interlocutory orders of mere issuance of notices.
The Petition was accordingly dismissed.
Cause Title: Aamina and Ors. vs. Aamir Ahmad Mir And Ors.
