J.P. Singh, J.

1. The Petitioner-Kapil Dev Singh, Defendant in Respondent's suit for recovery of Rs. 3,75,000/- along with interest @ 9% per annum, under Order 37 of the Code of Civil Procedure 1997, has invoked the Revisional jurisdictional of the Court seeking setting aside of Principal District Judge, Jammu's Order of July 06, 2009 rejecting, as barred by time, his Application to enter appearance in response to the Summons issued in the Respondent's Suit.

2. The Respondent-Plaintiff raises objection to the maintainability of the Petitioner's Revision pressing in service the Proviso appended to Section 115 of the Code.

3. Considered the submissions of learned Counsel for the parties and the case law cited at the Bar.

4. To determine the issue as to whether or not the Petitioner's Revision was maintainable, reference needs to be made to the proviso introduced to Section 115 of the Code of Civil Procedure. It reads thus,

Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceedings, except where the order, if it had been made in favour of the party applying for revision wou