AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
4 paragraphs · 161 wordsSat Pal, J.—The impugned order dated 12.2.1998 which has been passed by the learned trial Court under Order 39 Rules 1 and 2 C.P.C. is appealable under Order 43 Rule l(r). In view of this, the revision petition u/s 115 C.P.C. is not maintainable.
Learned counsel for the petitioner has, however, referred to a judgment of the Supreme Court in Smt. Vidya Vati Vs. Shri Devi Das, to contend that the revision petition is maintainable as the appeal against the impugned order lay to the District Judge and not to the High Court. The contention of the learned counsel is, however, without any merit in view of sub-Section (2) of Section 115 C.P.C. which reads as under
"The High Court shall not, under this Section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto."
3 . In view of the above discussion, the petition is dismissed.