BASETTI MALLAIAH Vs. STATE

JUDGEMENT

(1.) The petitioner is the plaintiff in the suit filed for rendition of accounts of a dissolved firm and for recovery of 10% share in the assets of the firm. The petitioner filed LA. No. 104 of 1987 for striking out issues 1 to 6. The lower Court passed the order on 31-12-1987. The petitioner preferred a revision, C.R.P. No. 548/88 under S. 115, C.P.C. and after some arguments, he was permitted by the learned Judge who heard the revision to withdraw the same, with liberty to pursue the other remedies under law. This was on 8-11-1988.

(2.) On the assumption that the above order permitted the petitioner to invoke the jurisdiction of this Court under Art.-227 of the' Constitution of India, the petitioner has filed this petition under Art. 227 questioning the very order which was/the subject matter of revision under Sec, 115 C.P.C

(3.) The learned counsel for the petitioner, Mr. Mahmood Ali, has contended before me that it is open to this Court to entertain this revision under Art. 227 as, according to him, grave injustice would result, if this court does not interfere with the impugned order.