MAHENDRA NANDI Vs. CHANDRAMANI TRIPATHY

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the judgment referred by a learned Single Judge of this Court in a Civil Revision application which was filed under Section 115 of the Code of Civil Procedure Code, 1908 (hereinafter referred to as the 'Code').

(2.) IN this case the Stamp Reporter has made a report that the present appeal is not maintainable in view of Rule 2(1) of Chapter VIII of the Rules of the High Court of Orissa, 1948 which reads thus :

(3.) IN the case of Gulzari Lal v. Sheo Charan Lal and Ors.: reported in AIR 1935 Allahabad 889, the decision was also rendered by a Division Bench in a Letters Patent appeal filed against the order passed by a learned Single Judge in a Civil Revision application filed under Section 115 of the Code. In the said decision, Sulaiman, CJ, speaking for the Court laid down that no appeal lies from an order passed by the Judge under Section 115 of the Code, and accordingly the appeal filed before the Allahabad High Court was dismissed on the ground that the same was not maintainable.