S BISHAN SINGH Vs. MURTI SHIVJI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 15 -12 -1967 passed by the Sub Judge Jammu in a suit for possession brought by Murti Shivji respondent against S. Bishan Singh and another. The trial court raised issues in the case and thereafter an application was moved on 16th November 1967 by the defendant applicant in the court below seeking amendment of the issues as indicated in the application. Objections were invited by the trial court from the plaintiff and after hearing arguments it decided the application against the defendant -applicant holding that there was no necessity to amend or add any more issue in the case. Against this order the defendant has come up in revision before this court.

(2.) A preliminary objection has been raised on behalf of the plaintiff respondent that the revision is not competent in as much as the order passed by the trial court does not purport to be a case decided within the meaning of section 115 of the Code of Civil Procedure.

(3.) ELABORATE arguments were advanced on both sides respecting the preliminary objection and a number of authorities were cited for and against the proposition I will first of all deal with the preliminary objection raised before me.