RAKESH SHYAMLAL SAMAIYA Vs. AJAY KUMAR BABULAL JAIN

JUDGEMENT

(1.) INVOKING the revisional jurisdiction of this Court under section 115 of the Code of Civil Procedure (hereinafter referred to as the 'the C.P.C.') the defendant petitioner has called in question the sustainability of the Judgment and decree passed by the 4th Civil Judge Class -I Jabalpur in C.S. No. 3 -B/99 on 27 -1 -2000.

(2.) THE facts as have been uncurtained are that the non -applicant as plaintiff instituted the aforesaid Civil Suit under Order 37 of the Civil Procedure Code for recovery of an amount of Rs. 40,860/ -. The defendant appeared in the case and filed an application for grant of leave which was granted by the Court. After grant of leave the Written Statement was filed by the applicant and the same was received by the Court. The Court framed issues arising out of plaintiff. The Court thereafter fixed the case for recording of evidence in the case. As alleged on 27 -1 -2000 the Court reviewed the earlier orders and came to hold that the earlier proceedings were bad in law and decreed the suit under Order 37 of the Civil Procedure Code.

(3.) MR . T.C. Naik learned Senior Counsel appearing for the non -applicant has raised a singular contention that the revision is not maintainable as the Judgment and decree passed under Order 37 of the Civil Procedure Code is appealable.