SHRI JAI CHAND ETC. Vs. SMT. BIMLA DEVI

JUDGEMENT

(1.) This is a Plaintiff's revision petition under paragraph 35 of the Himachal Pradesh (Courts) Order, 1948.

(2.) The Petitioner, Jai Chand, filed a declaratory suit, and the suit was decreed by the learned Subordinate Judge, First Class, Solan. The Respondent appealed against the decree and during the pendency of the appeal applied for amendment of her written statement. The learned Additional District Judge, Simla, allowed the amendment application and setting aside the trial Court decree directed the trial court to try the suit afresh. Against the order remanding the case the Petitioners have now filed this revision petition.

(3.) A preliminary objection has been raised by Shri K.D. Sud for the Respondent. He contends that the revision petition is not maintainable in as much as an appeal lay against the impugned order. There is no doubt that if an appeal lies the revision petition cannot be entertained, because paragraph 35 of the Himachal Pradesh (Courts) Order, 1948, permits the exercise of revisional jurisdiction only in a case in which no appeal lies. The question is whether an appeal lay in the present case.