Satyendra Prasad Jain and others vs State of U.P. and others

Heard Sri Janardan Sahai, learned counsel for the applicants.

The order dated 29th August, 1988, passed by the V Addl. Civil Judge, Meerut in Original Suit No. 453 of 1987 between Satyendra Prasad Jain and others and State of U. P. and others, rejecting the report of the Amin is under challenge in the instant revision u/s 115 of the Code of Civil Procedure, 1908, hereinafter called the Code.

Second proviso to Section 115 of the Code, is amended by the State of Uttar Pradesh, forbids the revisional court from varying or reversing any order including an order deciding an issue made in the course of a suit or other proceeding, except where the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it is made. Learned counsel for the applicants has failed to demonstrate existence of any of the aforesaid two conditions envisaged in the second proviso to Section 115 of the Code.

The Court, therefore, declines to interfere with the impugned order.

In the result, the revision fails and is hereby dismissed.

Revision dismissed.