KAMLA PARSHAD Vs. CHUNI LAL

JUDGEMENT

(1.) This is a Defendant's revision petition under Sec. 115 of the Code of Civil Procedure against an order of the learned Subordinate Judge 1st Class, Kangra, rejecting his application for further and better particulars.

(2.) The Plaintiff filed a suit for permanent injunction restraining the Defendant from interfering with the use of a passage between the respective houses of the parties. The Defendant applied to the trial court for better particulars of the passage in dispute. The trial court has rejected that application.

(3.) I have heard learned Counsel for the parties and I am not satisfied that this revision petition is maintainable. The impugned order of the learned Subordinate Judge does not amount to a "case decided" within the meaning of Sec. 115 of the Code. What is a "case decided" has been laid down by the Supreme Court in Baldevdass Shivlal and Anr. v/s. Filmistan Distributors (India) Pvt. Ltd. and Ors. : A.I.R. 1970 S.C. 406. The Supreme Court observed: