LAWS(ALL)-1959-8-40

RAJA DEO SINGH Vs. KR. SHAMBHO KRISHNA NARAIN

Decided On August 28, 1959
RAJA DEO SINGH Appellant
V/S
Kr. Shambho Krishna Narain Respondents

JUDGEMENT

(1.) FIRST Appeal From Order No. 29 of 1955 is connected with Civ. Revision No. 57 of 1955. Both of them arise out of the same suit which is still pending in the trial court and both of them have been filed by the Defendant. The Civil Revision had been filed against an order of the learned Civil Judge, Mohanlalganj, Lucknow, dated 4 -2 1955. By that order he had decided two of the issues arising in the case They were:

(2.) LEARNED Counsel for the Plaintiff opposite party has taken a preliminary objection on the ground that both these orders were interlocutory orders and no revision lies as no case as been decided.

(3.) WE entirely agree with the above decision and in the circumstances we think that no revision lies also against the order of the learned Civil Judge deciding that the Court -fee paid by the Plaintiff was sufficient. We accordingly, see no force in this revision and dismiss it with costs. The stay order is discharged.