( 1 ) THIS revision is directed against an order passed by the District Judge, Kanpur dated 15-9-1977 refusing to recall a witness for purposes of further cross-examination. The application (No. 105 C-2) which was moved for that purpose by the defendant-applicant was dismissed by the impugned order.

( 2 ) A preliminary objection has been raised that the revision is not maintainable as the order does not amount to deciding any case. Learned counsel for the applicant contended that in view of the amendment made to Section 115 of the Civil P. C. by Section 43 of the Civil P. C. Amendment act 1976, hereinafter referred to as "the Amendment Act", the revision is maintainable. Section 115 of the Civil P. C. reads as follows :-

"115. Revision-- (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, the High Court may ma