CHHOTAI Vs. IIIRD ADDL D J JAUNPUR

JUDGEMENT

(1.) G. P. Mathur, J. This petition has been filed for quashing of the order dated 3-9-1993 passed by the IInd Addl. District Judge in Civil Revision No. 163 of 1993. When the writ petition was heard for admission, an order was passed on 15-9-1993 directing the petitioner to servo respondents No. 2 to 8 by registered post. The office has given a report dated 22-3-1995 that the notices were sent to the aforesaid respondents by registered post fixing 3-11-1993 but neither any acknowledgement nor any undelivered letter has been received back. In view of Explanation II to Chapter VIII, Rule 12 of the Rules of the Court, the contesting respondents will be deemed to have been served with the notice of the writ petition.

(2.) BY the order dated 27-5-1993, Vth Addl. Munsif directs the Fisheries Department to give a report regarding the nature of the fish in the pond in dispute. Against this order, the contesting respondents preferred a Revision which was allowed by the 2nd Addl. . District Judge by the impugned order. In my opinion, the order passed by learned Addl. District Judge cannot be sustained. The order dated 27-5- 1993 passed by learned Munsif was a purely interlocutory order. BY the aforesaid order, the rights of the parties have not been decided in any manner. It is fully within the jurisdiction of the learned Munsif to obtain a report regarding the nature of fish from the Fisheries Department. The learned Munsif had not committed any procedural irregularity or error of jurisdiction while passing the order dated 27-5 1993. In these circumstance, no revision lay against the said order, nor could the said order be set saide in exercise of powers under Section 115, C. P. C. . The learned Addl. District Judge has not recorded any finding that the order of learned Munsif either amounted to a case decided or the same suffered from any error of jurisdiction Thus the order passed by learned Addl. District Judge allowing the Revision and setting aside the order dated 27-5-1993 of the learned Munsif cannot be sustained and has to be set aside.