RAM AWTAR Vs. GANGA SAHHI

JUDGEMENT

(1.) THIS revision has been preferred against the judgment of the Additional Commissioner, II, Jaipur dated 9th January, 1961, by which he has rejected the appeal preferred against the interlocutory order of the Assistant Collector, Behror, dated 7th June, 1960 disallowing the production of certain documents in a suit under Sec. 169 of the Rajasthan Tenancy Act, 1955.

(2.) AN important point of law is involved for determination in this case whether a revision against such an order lies or not. Admittedly, a second appeal will lie against the judgment in the suit. No revision can, therefore, lie unless it is established that it would not be possible to question this interlocutory order in terms of S. 105 of the Civil Procedure Code in the course of the second appeal. The contention of the learned counsel for the applicants is that it would not be possible to question this interlocutory order as such. He relies in support of this contention on 1869 Privy Council Cases, page 82 - Goshain Tota Ram Vs. Rajah Rickmuner Bullub.