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Judgment
Prakash Krishna, J.—Heard Sri Santosh Kumar, Learned Counsel for the applicants.
The present revision is directed against an interlocutory order dated 24.08.1993 passed on application No. l73-C filed in original suit No. 393 of 1991.
The applicant is the plaintiff who instituted the a foretasted suit for permanent injunction in respect of property No. 1/23, Jauhari Bazar, Agra. The suit was filed on the pleas inter alia that the property in dispute is ancestral property and there has been no partition among the parties. The court below framed the issue to the following effect:
Whether the disputed property has not yet been partitioned as stated in the plaint?
The said issue has been re-casted by the court below to the effect-as to whether the property in dispute has not been partitioned or there has been an oral partition between the parties on 02.06.1982, if so its effect.
The Learned Counsel for the applicant submits that the aforesaid issue has not been properly framed as the burden has been laid upon the plaintiff. The submission is that the burden should lay upon the defendants who allege partition of Joint Hindu Family.
In my considered view, the issue which has been re-casted, has been properly framed and does not call for any interference specially in revision. It does not amount to a case decided within the meaning of Section 115 CPC. Moreover, no prejudice has been caused to the plaintiff applicant. Section 115 CPC as amended in the State of U.P. provides besides other things that the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to a party against whom it was made, vide second proviso (ii).
There is no merit in the revision.
The revision is dismissed accordingly.