STATE BANK OF INDIA Vs. AVTAR SINGH SAIH

JUDGEMENT

(1.) This petition is directed against the order of the trial court dated 14-10-1985, whereby the plaintiff has been directed under O.6, R.5, C.P.C, to file a break-up of his claim in suit, showing the amount of the principal and the interest before the defendant could file his written statement.

(2.) A preliminary objection has been raised on behalf of the defendant-respondent that no revision petition under S.115, C.P.C., is maintainable against an order passed under O.6, R.5, C.P.C. In support of his contention, learned counsel relied on M/s. Ralyaram Melaram v. Kaluram Agarwala, AIR 1950 Cal 149, wherein it was held that

(3.) After hearing the learned counsel for the parties on the preliminary objection I do not find that no revision petition is competent against the impugned order. In the precedent referred to above, the question was whether the loan was a commercial loan or not. As regards the present case, the Bank had been directed to file a break-up of its claim in the suit, showing the amount of the principal and the interest which, according to the plaintiff- Bank, was not possible. Thus, the question is if the impugned order is such which could not be easily complied with, whether such an order is liable to be revised under S.115, C.P.C., or not. It is not disputed that if the said order is not complied with, the trial court can either stay the proceedings in the suit, or the plaint may be rejected, or even the suit can be dismissed. Under the circumstances, it could not be successfully argued that no revision petition is competent against the impugned order, although ordinarily this Court would not entertain petitions against orders passed under O.6, R.5, C.P.C., unless grave injustice is shown to have been caused by the impugned order.