MUNDRA GOPALA KRISHNA Vs. MARGADARSI CHIT FUND LTD

JUDGEMENT

(1.) Heard Sri P.Rajesh Babu, learned counsel for the revisionpetitioner and Sri P. Durga Prasad, learned counsel for the respondents.

(2.) Learned counsel for the Revision-Petitioner would submit that the revision-petition is filed against an Order, dtd. 5/2/2016 on the file of II Additional Senior Civil Judge, Kakinada challenging in E.A.No.113 of 2015 in O.S.No.317 of 2009 whereunder the learned Trial Judge, upon considering the evidence on record, holding that the contention of the revision-petitioner that his signature on the Chit Agreement was forged cannot be considered under Sec. 47 CPC and the learned Trial Judge dismissed the application.

(3.) Learned counsel for the respondent No.1 would submit that no Revision is maintainable against an order under Sec. 47 of CPC as it is an appealable order. He would further submit that an application under Sec. 47 of CPC is not maintainable on the ground that the signature of the defendant was forged on the Chit Agreement and question that can be challenged in execution proceedings is only on the ground that the Court entirely lacking inherent jurisdiction.