M SAMPATH Vs. GEETHANJALI INVESTMENTS

JUDGEMENT

(1.) This Civil Revision is directed against the order passed under Order 38 C.P.C., in a pending suit.

(2.) This Civil Revision Petition has been heard extensively on the question of maintainability. Apart from hearing Mr.T. Dhanya Kumar, learned counsel appearing for the petitioner and Mr.G.R. Swaminathan, learned counsel appearing for the respondent, Mr.T.R. Mani, Senior Counsel has addressed the Court as Amicus curie.

(3.) Learned counsel appearing for the respondent has submitted that since Revision is directed against the order passed in a matter relating to Order 38 C.P.C., and by the impugned order the suit has not been disposed of, the Revision is not maintainable in view of the provisions contained in Section 115 C.P.C. as amended.