S. S. M. QUADRI, J.

( 1 ) THIS Civil Revision Petition by the plaintiff is directed against tho order, dated, January 20, 1988 passed by the learned District Munsif, giddalur holding that document No. 1, dated. 5-9-1979, sought to be marked in evidence by the plaintiff, is a sale deed and that being an unregistered document it is inadmissible in evidence.

( 2 ) THE short question that falls for consideration is whether the order under revision is a case decided within the meaning of Section 115 CPC.

( 3 ) SECTION 115 of the Code of Civil Procedure is in the following terms :"sec. 115 C. P. C. : (1) The High Court may call for the record of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears : (a) to have exercised a jurisdiction not vested in it by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity. "

( 4 ) IT is seen that the power conferred by this Section to call for the records and revise an order is available only when a case is decided by a court subordinate to the High Court if against such an order no appeal lies either to the High Court or to any court subordinate thereto and if such order suffers from an error of jurisdiction, and if it had been passed in favour of the party applying lor revision, would have finally disposed of the suit or other proceedings or if allowed to stand, it would occasion failure of justice or cause irreparable iujury to the party against whom it was made. Explanation to sub-section (2) provides an inclusive definition of the phrase "any case which has been decided. " ft reads : explanation :in this section, the expression "any case which has been decided" includes any order made, or any order deciding an the explanation is inserted by Amendment Act, 1976 to settle the controveys in judicial opinion regarding interlocutory order and orders which do not dispose of the entire proceedings, being within the meaning of that phrase by incorporating, any order made or any order deciding an issue, in the course of a suit or other proceeding within the definition. It is not well settled that though the word case is wider than the word suit , every order in the suit cannot be regarded as case decided . The order sought to be revised must decide some right or obligation of the parties in controvesy to bring in within the meaning of case decided . Every case is decided by an order but every order does not decide a case within the meaning of the said explanation to Section 115 C. P. C.

( 5 ) IN Nandkishore. . . . V. Kishanchand and Others (1) Chief Justice r S Pathak of H. P, (as he then was) held that the order holding a document not a deed of partition not requiring registration under Section 17 of the indian Registration Act, does not constitute a case decided within the meaning of Sec. 115 C. P. C.

( 6 ) IN Sagarmal. . vs. . . . . Gulab Chand (2) the learned Chief Justice of Punjab and Haryana High Court held that admitting disputed document in evidence overruling the objection of other side does not amount to a case decided and no revision lies-against that order.

( 7 ) IN my view an order admitting or refusing to admit a document does not amount to a case decided . By order under revision the learned trial judge has held that document No. 1, dated. 5-9-1979 is a sale deed and being an unregistered document, it is inadmissible. For the atoresaid reasons this order does not constitute a case decided and therefore the revision is not maintainable.

( 8 ) THE Civil Revision Petition is accordingly dismissed. No costs.

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