MANOHAR LAL Vs. VALERIOR CAWNPORE PVT LTD

JUDGEMENT

(1.) This revision is directed against an order passed by the District Judge, Kanpur dated 15-9-1977 refusing to recall a witness for purposes of further cross-examination. The application (No. 105 C-2) which was moved for that purpose by the defendant-applicant was dismissed by the impugned order.

(2.) A preliminary objection has been raised that the revision is not maintainable as the order does not amount to deciding any case. Learned counsel for the applicant contended that in view of the amendment made to Section 115 of the Civil P.C. by Section 43 of the Civil P.C. Amendment Act 1976, hereinafter referred to as "the Amendment Act", the revision is maintainable. Section 115 of the Civil P.C. reads as follows :-

(3.) Section 115 C.P.C. deals with the power of the High Court in revision in regard to any case which has been decided by any court subordinate to it. The proviso to Sub-section (1) states that the High Court shall not vary or reverse any order made or any order deciding an issue in the course of a suit or proceeding except where the order if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceeding, or the order if allowed to stand would occasion a failure of justice or cause an irreparable injury to the party against whom it was made.