SHIV CHANDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) OFFICE report is that the civil revision application against refusal to grant temporary injunction under Order 39, Rule 2a would not lie to this Court, as against an order granting or refusing to grant injunction an appeal is provided in terms of Order 43, Rule 1 (r) of the Code of Civil Procedure and the said miscellaneous appeal would lie to the District Judge or this Court, subject to valuation.

(2.) LEARNED counsel for the petitioner submits that in view of Section 115 (1) CPC and the judgment of the Apex Court in the case of Smt. Vidya Vati v. Shri Devi Das since reported in AIR 1977 SC 397 the revision is maintainable in this Court because considering the valuation no appeal would lie to this Court. In other words, it is submitted that though an appeal lie to the District judge, no appeal lie to this Court and that being so in terms of Section 115 (1) CPC, revision is maintainable.

(3.) I am afraid the lawyer is not correct.