T.N.SINGH, K.K.VERMA
Phariya Bricks Works – Appellant
Versus
Malvendra Singh Amar Singh – Respondent
T.N. Singh, J.
1. In this Reference, we are required by the learned Single Judge to answer the following two questions framed by him:
"(1) Whether in view of amendment in section 115, Civil Procedure Code, made by M.P. Act No. 29/84 an interim order passed by an appellate or revisional Court not finally disposing of the proceedings is open to revision by High Court?
(2) Whether the law contemplates anything like an 'original order' passed by a superior Court in a pending appeal or revision as distinguished from an appellate or revisional order?"
2. Indeed, the learned Judge (R. C. Lahoti, J.) was confronted with the question of maintainability of revision and decisions were cited before him by both sides. He found conflicting views expressed by this Court in the decisions cited and felt compelled to make a Reference. As regards facts, suffice to say this much for the purpose of disposal of this Reference that in the revision, an order passed by learned Additional District Judge under Order 41, Rule 3A, Civil Procedure Code was challenged. By that order, the Court below had allowed the application of the defendant/appellant made under section 5, Limitation Act; and delay in filing
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