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1927 Supreme(Lah) 74
Lahore High Court
Tek Chand, J.
Ramjidas - Appellant
Versus
Jairam Das - Respondent
Decided On : 16-12-1927
JUDGMENT
Tek Chand, J. - This is a petition for revision of an order passed by the trial Court on 30th November 1927 whereby it reviewed its previous order of 16th November 1927 modifying the conditions on which it had set aside ex-parte proceedings against the defendant-respondent.
2. This suit in which these orders were passed has not yet been decided. The relevant facts are that the defendant failed to appear on a particular date and the Court directed ex-parte proceedings to be taken against him. Before the judgment was announced an application was made to set aside the ex-parte proceedings and this was granted on certain conditions. On review, one of these conditions was modified and the Court directed the parties to produce their evidence. As these various orders have been passed in a pending case and are interlocutory they are not order in a "case which has been decided by a subordinate Court within the meaning of Section 41, Punjab Courts Act, and a revision is not competent in view of the Full Bench decision in Firm Lal Chand Mangal Sen v. Firm Behari Lal Mehr Chand A.I.R. 1921 Lah. 425.
3. Mr. H.C. Kumar, for the petitioner, relies on Piroj Shah v. Qarib Shah A.I.R. 1926 Lah. 379 and Dittu Ram v. Nawab A.I.R. 1925 Lah. 639 in support of his contention that this Court has got the power to interfere with such orders on revision. I am, however, of opinion that these cases are clearly distinguishable as in each of them the suits had (at least for the time being) been decided by the passing of an ex-parte decree. In the present case the suit is still pending and no decree has yet been passed. The orders are, therefore, of a purely interlocutory nature and no revision lies. Accordingly I dismiss the petition for revision, but having regard to all the circumstances of the case I leave the parties to bear their own costs. The Deputy Registrar will see that the record is returned to the lower Court to morrow.
