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Mul Chand Vs. Juggi Lal - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1914All176(1); 25Ind.Cas.207
AppellantMul Chand
RespondentJuggi Lal
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.
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.


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