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1995 Supreme(Kar) 518

H.N.TILHARI
N. M. VISWANATH – Appellant
Versus
B. V. NANJUNDAPPA SINCE DEAD BY L. RS. – Respondent


Advocates:
D.R.Chandrappa, P.D.Surana

H. N. TILHARI, J.

( 1 ) THIS is a revision under Section 115 of the Code of Civil procedure, for short, 'code' from the order dated 23-9-1995, passed by XV Additional City Civil Judge, Bangalore, rejecting the revisionist-lst defendant's application under Order 18, Rule 17, for recalling P. W. 3, who had already been examined and cross-examined. The Court below considered the matter and opined that application was devoid of merits and rejected it. This order had been passed disposing of the application filed under Order 18, rule 17, in O. S. No. 4847 of 1980.

( 2 ) I have heard the learned Counsel for the revisionist Sri P. D. Surana, holding brief for Sri D. R. Chandrappa, Counsel for the 1st defendant. Under Section 115 of the Code, the first ingredient, to be shown and made out by the party seeking to challenge the orders under Section 115 of the Code of Civil procedure, for short, 'code', is that the order impugned amounts to be a case decided. It is upon the learned Counsel for 1st defendant-revisionist to satisfy me about it and the learned counsel for the 1st defendant failed to satisfy. The test to determine whether an order amounts to be a case decided is if the order impug








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