BALWANT SINGH Vs. BISHAN SINGH

JUDGEMENT

(1.) BISHEN Singh (who is respondent in this petition) filed an application under Order 41, Rule 27 of the Code of Civil Procedure which was allowed by the learned lower appellate Court vide order dated August 10, 1997, which has been impugned in the present petition. Notice of this petition was issued to the respondent.

(2.) AFTER hearing the learned counsel for the parties and having perused the impugned order, i find that the point raised in this petition is squarely covered by the recent judgment of the Supreme Court in Gurdev Singh v. Mehnga Ram, A. I. R. 1997 S. C. 3572. In that judgment the Apex Court held that the revision petition Under Section 115 of the Code of Civil Procedure was not maintainable against an order whereby the application filed under Order 41, Rule 27 (b) had been allowed by the lower learned appellate court.

(3.) ACCORDINGLY , the petition which has been filed Under Section 115 of the Code of Civil Procedure is dismissed. It is, however, made clear that it would be open for the petitioner to challenge the point raised in this petition if an occasion arises, to carry the matter in the second appeal after the appellate decree is passed.