Mul Chand Vs. Juggi Lal

Mul Chand vs Juggi Lal

Type Court Judgment Court Allahabad Decided Mar 27, 1914

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Citation: sooperkanoon.com/472191
Court: Allahabad
Judge: Tudball, J.
Decided On: Mar 27, 1914
Subject: Miscellaneous

Case Summary

AI-generated summary - not the official court judgment text.

Civil Procedure Code (Act V of 1908), Section 115 - Adjournment conditioned on payment of costs--Interlocutory order--Revision. - - A preliminary objection is taken that no revision lies under Section 115 of the Code of Civil Procedure and it is quite clear that this objection is based on good grounds.

Key legal issue: Miscellaneous

Parties & Advocates

Appellant / Petitioner

Mul Chand

Respondent

Juggi Lal

Legal References

Reported In: AIR1914All176(1); 25Ind.Cas.207

Excerpt

civil procedure code (act v of 1908), section 115 - adjournment conditioned on payment of costs--interlocutory order--revision. - - a preliminary objection is taken that no revision lies under section 115 of the code of civil procedure and it is quite clear that this objection is based on good grounds.tudball, j.1. this is an application in revision against what is really an interlocutory order of the court below, under which it granted an application by the present applicant for an adjournment conditional on payment of rs. 500 as costs thereof to the opposite party. a preliminary objection is taken that no revision lies under section 115 of the code of civil procedure and it is quite clear that this objection is based on good grounds. the order is merely an interlocutory order and is certainly not one of those revision of which is contemplated under section 115. after all it is a question of costs, and the court which finally decides the case will have full power to do justice in all matters of costs. the application fails and is, therefore, dismissed with costs.

Full Judgment

Tudball, J.

1. This is an application in revision against what is really an interlocutory order of the Court below, under which it granted an application by the present applicant for an adjournment conditional on payment of Rs. 500 as costs thereof to the opposite party. A preliminary objection is taken that no revision lies under Section 115 of the Code of Civil Procedure and it is quite clear that this objection is based on good grounds. The order is merely an interlocutory order and is certainly not one of those revision of which is contemplated under Section 115. After all it is a question of costs, and the Court which finally decides the case will have full power to do justice in all matters of costs. The application fails and is, therefore, dismissed with costs.

Same Parties Mul Chand vs Juggi Lal Same Subject Miscellaneous Same Judge Tudball, J.

Miscellaneous