Through this civil revision the petitioner has challenged the order dated 22.09.2018 passed by the learned revisional Court i.e. Additional District Judge, Faisalabad, whereby at the time of entertaining the revision petition filed by the petitioner request for stay of proceedings before the learned trial Court was turned down.
2. Learned counsel argues that prayer was that injunctive order be granted with regard to further alienation of suit property and interference into the posses sion of petitioner as well as stay of proceedings before the learned trial court.
3. On query of the Court qua maintainability of second revision against the order passed by the learned revisional Court learned counsel relies upon "ANJUM CHEMICAL STORAGE (PVT .) LTD. versus Messrs CHENAB LIMITED NISHA TABAD and others" (2016 SCMR 177 ).
4. I have gone through the case law referred to by the learned counsel for the petitioner .
5. Through the judgment referred supra the Apex Court has held that along with the appeal an application under Order XLI Rule 5 of the CPC was filed before the learned appellate court, which was refused, therefore, it is a "case decided" and revision there against u/s 115 of the CPC was competent. This judgment is absolutely not applicable to the facts of instant case, as the question involved in this petition is not of a "case decided", rather the question is maintainability of second revision after the order passed by the learned revisional Court. The petitioner filed a revision petition before the learned revisional Court under section 115 of the CPC against the acceptance of an application under Order IX Rule 13 of the CPC moved by the respondents-defendants and along with revision petition an application for stay of proceedings of learned trial court as well as grant of injunction against the alienation of suit property by the respondents and injunction with regard to interference into the possession of petitioner was moved, which was declined, hence, this revision petition u/s 115 of the CPC. I am clear in my mind that second revision petition is not competent. An order passed u/s 115 of the CPC by the revisional Court is not further challengeable through a revision petition filed u/s 115 of the CPC before this Court. In these circumstances, the instant civil revision being not competent stands dismissed in limine.