PREM NARAIN Vs. SANJAY PURWAR

JUDGEMENT

(1.) In Original Suit No. 15 of 1981, Sanjay Purwar v. Shiv Shanker Lal and others, pending in the court of Civil Judge, Allahabad, the revisionist before this Court figures as defendant No. 3. He moved an application 586-C seeking permission to produce expert's evidence to prove that paper No. 546-A was in the handwriting of codefendant No. 1, Shiv Shanker Lal. Along with this he also moved application 595-C for summoning the co-defendant No. 1 to give his writing before the court for the purpose of examination thereof by an expert. These two applications of the defendant-revisionist have been rejected by means of the order dt. 12th Dec. 1991 which is under challenge in the instant revision.

(2.) The Court had heard Sri Shailendra, learned counsel appearing for the defendant revisionist, at length and in detail, and is clearly of the opinion that it will be wrong to interfere with the impugned order for the following reasons.

(3.) Firstly, the impugned order does not amount to a case which has been decided. Unless an order amounts to a case decided the provisions of S. 115 of the Civil P.C. 1908, hereinafter called the 'Code' cannot be invoked.