- (1.) RULE . Mr. P.P.Majmudar, learned advocate, waives service of notice of Rule for the respondent.
(2.) THIS Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 has been preferred challenging an order dated 16 -7 -2012, passed by the learned Addl.Judge, Small Causes Court, Surat, below the application at Exh.25, in Small Darkhast No.5 of 2009, whereby the said application for recasting an issue has been rejected.
(3.) ON 29 -10 -2012, this Court (Coram:A.J.Desai,J) issued notice returnable on 17 -12 -2012 and granted adinterim relief in terms of paragraph 10(C), till then. The Revision Application has been listed from time to time and the ad -interim relief has been continued. Pursuant to the issuance of notice, Mr.P.P.Majmudar, learned advocate for the respondent has appeared and raised a preliminary objection that the present revision application is not maintainable, as it has been filed against an interlocutory order, which cannot be done as per the provision of proviso to Section 115 of the Code of Civil Procedure, 1908 ("the Code" for short). It is submitted that the impugned order for recasting of an issue has been passed in execution proceedings. Had the application of the petitioner, for recasting the issue been allowed, it would not have had the effect of finally disposing of the execution proceedings. Therefore, in view of the proviso to Section 115 of the Code,the present Civil Revision Application is not maintainable as it bas been preferred against an interlocutory order.;