P.S.E.B. vs Hari Kewal Private Ltd.

Sat Pal, J.—This Civil Revision has been directed against the order passed by the learned Additional District Judge, Sangrur, dated May 15, 1997. By this order, the learned Additional District Judge has dismissed the application of the petitioner-appellant filed under Order 41, Rule 27 of the CPC for producing the additional evidence. After hearing the learned counsel for the petitioner and having perused the impugned order. I am of the opinion that the revision petition u/s 115 of the CPC is not maintainable, against such an order in view of the law laid down by the Supreme Court in Gurdev Singh and others Vs. Mehnga Ram and another, . In the said case, it was observed by the Supreme Court that the civil revision u/s 115 of the CPC was not maintainable against the order passed on the application under Order 41 Rule 27(b) and it was further observed by the Supreme Court that if the order was wrong on merits, it would always be open for the party concerned to challenge the same in accordance with law if occasion arises to carry the matter in the second appeal.

For the reasons recorded hereinabove, the petition is dismissed as not maintainable. It is, however, made clear that it would be open to the petitioner-appellant to challenge the point raised in this petition, if an occasion arises to carry the matter in second appeal. With this observation, the civil revision petition stands dismissed.