NARAYAN CHANDRA DE Vs. PRATIRODH SAHIM

JUDGEMENT

(1.) A short but very interesting question has come up for decision in this revision.

(2.) By an order dt. 2-3-89 Munsif, 4th Court, Howrah found that the counter-claim preferred by the defendant in Title Suit No.140 of 1985 was not maintainable. Being aggrieved by the order the petitioner prefers this revision.

(3.) The opposite party has raised a preliminary objection. It is urged that the order is a decree and therefore revision is not maintainable. An appeal shall lie if it is a decree, and in that event the order of the trial Judge is not open to challenge in this court which exclusively deals with revisions."