S D JAIN Vs. RAKESH JAIN

JUDGEMENT

(1.) This is a civil revision filed under S. 115 of the Civil P. C. against an order passed by the Civil Judge, Bareilly dt. 19-1-1985 by which the applications moved by the revisionists for cross-examination of the plaintiff, Rakesh Jain and Sri P. K. Singh who had filed affidavits in the case were rejected.

(2.) Suit No. 381 of 1984 was filed by Rakesh Jain, plaintiff opposite party in the Court of Civil Judge, Bareilly against the revisionists and others including the tenants of the property for partition and declaration of 1/3rd share, accounting and payment of proportionate rent to him. During the pendency of the suit an application was made for appointment of a receiver. In support of this application affidavits were filed of the plaintiff and P. K. Singh. Counter-affidavits, thereafter, were filed by the revisionists. Before the matter could be heard the revisionists filed an application for cross-examination of Rakesh Jain, Plaintiff and P. K. Singh who had filed affidavits. The Civil Judge, Bareilly after examining the merits of the matter came to the conclusion that it was not necessary in the interest of justice to permit cross-examination of the plaintiff, Rakesh Jain and Sri P. K. Singh and hence rejected the application moved by the revisionists by the impugned order dt. 19-1-1985. This order has now been challenged by means of the present revision.

(3.) I have heard the learned counsel for the parties. Learned counsel for the revisionists has urged that the Court below acted illegally and with material irregularity in the exercise of its jurisdiction in refusing to allow him to cross-examine the plaintiff, Rakesh Jain and P. K. Singh. On the other hand, learned counsel for the respondent has raised a preliminary objection that the order in question does not amount to a 'case decided' within the meaning of S. 115 of the Civil P. C. and as such no revision lies against this order.