No revision petition can lie against a mere procedural order.
The Division Bench relied upon the aforesaid three
decisions of the Supreme Court and then made the following
observations:
“In our opinion, these observations of the
Supreme Court aptly apply to the present case
also. If the words used in S. 29(1) or (3)
interpreted in its context, then the words "any
order" will not include in its (their?) import the
procedural orders, which do not affect the right
and liabilities of the parties. Therefore,
obviously no revision petition can lie against a
mere procedural order. It is not disputed that
order passed in the present case rejecting the
application for amendment was an interlocutory
order which does not decide finally the right and
liabilities of the parties to the suit. Therefore in
our opinion the Bench of Small Cause Court was
right in holding that the revision petition was not
maintainable.”
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9562 OF 2010
Bhartiben Shah,
versus
Smt.Gracy Thomas and others .
CORAM : MOHIT S. SHAH, C.J.,
RANJIT MORE &
N.M.JAMDAR, JJ.
DATE OF PRONOUNCEMENT : 21 JANUARY 2013
