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1973 Supreme(P&H) 145

PREM CHAND JAIN, BAL RAJ TULI, HARBANS SINGH
Sadhu Ram Bali Ram – Appellant
Versus
Ghansham Dass Madan Lal – Respondent


Judgment

PREM CHAND JAIN, J.

1. On the reference that has been made by me, the question of law that requires determination in this case, may be formulated thus :-

Whether a revision lies to this Court against an order of a Subordinate Court, refusing to change the onus of an issue? This Court in a Division Bench decision in L. Union Fire, Accident and General Insurance Co. Ltd., New Delhi V/s. Shri O. P. Kapur, AIR 1963 Punj 397, held that the placing of the onus of an issue on one party or the other in the course of a suit by a Subordinate Court is not a matter on which the High Court is entitled to interfere in revision under Section 115 of the Code of Civil Procedure and that the ordinary method to be adopted by a party for contesting an order passed in the course of a suit, which that party considers to be wrong, but against which no appeal lies, is to challenge it in an appeal filed after the suit, in which the order has been passed, is decided. The decision in L Union Fire, Accident and General Insurance Co. Ltd. case AIR 1963 Punj 397 is based mainly on a Full Bench decision of the Rajasthan High Court in Nagori Ibrahim V/s. Shahji Babumal, AIR 1954 Raj 83 (FB), which in turn




































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