1982 Supreme(MP) 229

H. G. Mishra, J.
Samirmal v. Kaitash Chandra.
C. R. No. 460 of 1981 (I); Decided on 30-3-1982.

Headnote:(1) Civil P. C., 1908 -- 115 (1) -- impugned order not amounting to case decided -- revision not maintainable.

        (2) Civil P. C, 1908 -- O. 19, R. 2 and S 115 -- both parties submitting applications under O. 19, R. 2 -- application of defendant allowed -- passing of order on plaintiffs application postponed till he is cross-examined -- postponement does not amount to case decided -- revision not maintainable.

        The plaintiff submitted an application under O. 19, R., CPC (IA No.3) for directing attendance of Manakchand for cross-examination on the affidavit submitted by him in support of his reply to the application of the plaintiff for grant of temporary injunction. The defendants also submitted an application under O. 19, R. 2, CPC for soliciting an order of permission to cross-examine the plaintiff on his affidavit submitted in support of the application for grant of an interim injunction. The application submitted by the defendants has been allowed by the trial Court and passing of order on the application submitted by the plaintiff under O. 19, R. 2 CPC has been deferred till cross-examination of the plaintiff is over. The present revision is directed against that part of the impugned order, which concerns itself with postponement of decision on the said application.

        Held : The order deferring decision on IA No.3 cannot be regarded, in the facts and circumstances of the present case, to amount to a case decided so that a revision application under section 115 (1), CPC may be regarded to be maintainable. Moreover the impugned order is not shown to occasion any failure of justice or likely to cause any irreparable injury to the applicant herein. `