DHARMARAJA IYER Vs. KGSREENIVASA MUDALIAR

JUDGEMENT

(1.) There is a preliminary objection taken that no appeal lies against the order of the lower Court extending the time for payment of the mortgage amount, an order passed under the proviso to Order XXXIV, Rule 8, and under Section 148 of the Civil Procedure Code. (As regards that portion of the order of the lower Court which effected an addition of parties under Order XXII, Rules 10 and 11, we were told that this appeal was not directed against that portion).

(2.) We think that the preliminary objection is sound. The order extending time does not come within the definition of a decree (See Section 2, Clause 2, of the Civil Procedure Code). We are clear that it does not determine any question coming within Section 47, as was ingeniously contended by the appellant s learned Vakil, Mr. Section Varadachariar.

(3.) We, however, allowed this appeal to be converted into a revision petition under Section 115, Civil Procedure Code.