KONDAPALLY VASUDEV REDDY Vs. BAIREDDY VENKATA REDDY

JUDGEMENT

(1.) This revision petition raises not only some interesting points but certain intricate question also. It seeks to revise the order of the District Munsif, Mahabubabad, which purported to decide one issue in each of the suits O. S. No. 33 of 1959 and O. S. No. 1 of 1960 on its file.

(2.) Peculiarly an objection as to the maintainability of this Revision petition had been taken on behalf of the respondents herein towards the very end of the arguments. Ordinarily, such an objection would precede other arguments; but nevertheless, I will proceed to consider the objection so raised.

(3.) Mr. Triambak Rao Deshmukh pointed out that since the findings of the lower Court in regard to an issue in each suit which could be said to have been treated as preliminary issues are attacked the proper course is to file appeals and not question them in any Revision petition. Undoubtedly, it is indisputable that a revision wilt not lie if there is provision for an appeal. Therefore, the first thing which has to be looked into, while on this point, is to find out from the nature of the order which has been passed by the lower Court whether it is appealable.