JAGDISH RAI Vs. KAUR CHAND ALIAS KAUR DASS

JUDGEMENT

(1.) THE impugned order dated 12. 2. 1998 which has been passed by the learned trial Court under Order 39 Rules 1 and 2 C. P. C. is appealable under Order 43 Rule l (r ). In view of this, the revision petition under Section 115 C. P. C. is not maintainable.

(2.) LEARNED counsel for the petitioner has, however, referred to a judgment of the Supreme Court in Smt. Vidya Vati v. Shri Devi Dass, AIR 1977 SC 397 to contend that the revision petition is maintainable as the appeal against the impugned order lay to the District Judge and not to the High Court. The contention of the learned counsel is, however, without any merit in view of sub-Section (2) of Section 115 C. P. C. which reads as under "the High Court shall not, under this Section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto. "