APPANNA AND BRORS. Vs. SUBBARAYULU

JUDGEMENT

(1.) THIS Civil Revision Petition raises a question relating to the jurisdiction of a Court to entertain a suit for damages for breach of contract. The circumstances under which it arise.; are the following:

(2.) THE Plaintiff who is a merchant at Guddapah entered into a contract with the decedent a firm carrying on business hi horse -gram, etc., in Parlakimidi, (Orissa State) for the purchase of 201 bags of horse -gram at Rs. 25 -10 -0 per bag and paid lis. 250 by way of advance. The terms of the contract contained in Ext. A -l are as follows:

(3.) A preliminary objection is raised by the counsel for the Respondent that the Civil Revision Petition is incompetent for the reason that a finding on a preliminary issue is not a case decided within the meaning of Section 115 of the Code of Civil Procedure. It is maintained by him that, an order in an interlocutory application is not revisable and the only remedy to a party aggrieved by that order is to agitator that question finally in an appeal against the judgment. The basis of this argument is Buddu Lal v. Mewa Ram, : ILR 43 All 564:AIR 1921 All 1) (A), where a Full Bench of the Allahabad High Court held that the wind "case'' did not include an issue or part of a ease, and therefore did not include an interlocutory order, and consequently the High Court has no power to interfere in revision with interlocutory orders in any case. Later on, the opinions expressed by a single judge of that Court in Kishanlal v. Ram Chandra, : ILR 55 All 256: AIR 1933 All 374) (B), and by a Division Bench of the same Court in Purushotam v. Henley's Telegraph Works, : ILR 55 All 7.19: AIR 1933 All 523 (C), were not quite in conformity with the view taken in, ILR 43 All 564: : AIR 1921 All 1) (FB) (A). But another Full Bench of the same Court decided that no revision lay from orders disallowing amendment of a pleading as such orders are discretionary but that an independent proceeding arising out of a case such as a proceeding to restore a case dismissed for default, or to set aside an ex parte decree, etc., may be a case decided and subject to revision.