Shinde, J. - (1.)THIS appln. in revn. is by the pltf. against the order of the Dist. J. Gwalior dated 28 -8 -1950. The pltf. filed a suit for pre -emption against the defts. In the course of the trial evidence was adduced by the pltf. with regard to issues 2, 3 & 4, the burden of proof of which lay upon him. That evidence was closed on 18.11 -1937. The deft produced his evidence in rebuttal on the same issues & that also was closed on 24 -2 -1938. In the meantime the house in dispute was sold to one Ganeshilal Phulchand who was impleaded as a party. A new issue was, therefore, framed which runs as follows :
Whether the pltf. is owner of the house on the basis of which the right of pre -emption is claimed?.

(2.)IN the course of recording Ganeshilal's evidence in rebuttal on this issue the counsel for the deft raised an objection that the pltf. cannot ask a question in cross -examination which relates to the issue, evidence on which had already been closed. This objection was upheld by the learned Dist J. Against this order the pltf. filed this revn.
The preliminary objection raised by the learned counsel for the non -appct. is that no revn. can be entertained against an interlocutory order. Although he raised this objection he did not attempt to support his argument by citing any case law. The learned counsel for the petnr. has countered this argument by stating that the revn. can be entertained by the H.C. even against an interlocutory Order provided conditions laid down in S. 115, Civil P.C., are satisfied. In support of this argument he refer -red me to Bir Babu v. Raghubar Babu, : A.I.R. 1947 Pat. 469 : (26 Pat. 393) & Narayan Sonajee v. Seshrao Vithoba, : A.I.R. 1948 Nag 258 : (I.L.R. (1948) Nag. 16 F.B.). In the case of Bir Babu v. Raghubar Babu, : A.I.R. 1947 Pat. 469 : (26 Pat 393), the question was whether the onus of proving certain issues was rightly placed or not. Their Lordships of the Patna H.C. held that the correct placing of the onus of proof is a vital point of procedure & an incorrect placing of onus may, therefore, amount to material irregularity. As a general proposition they also laid down that ordinarily an interlocutory order is not capable of revn. particularly when their is another remedy available to the injured party, but where the order complained against as such as is calculated to cause irreparable loss to the injured party & there is no right of appeal & no remedy available to the party the order may be revised if the conditions laid down in cls. (a), (b) or (c) of S. 115, Civil P.C., are satisfied (vide Bir Babu v. Raghubar Babu, : A.I.R. 1947 Pat. 469 : (26 Pat 393). Another important case cited by the learned counsellor the petnr. is Narayan Sonajee v. (sic),, A.I.R. 1943 Nag. 268 :, (I.L.R. (1948) Nag. 16 F.B.). Their Lordships of the Nagpur H.C. constituting the F.B. after reviewing a number of cases from various H.Cs. have held that revn. can be entertained against any interlocutory order. In view of these decisions, there is no doubt that this Ct. has power to entertain a revn. against an interlocutory order.

(3.)THE question for determination in this case is whether a party can, in cross -examination, ask a question relating to the issue's on which both the parties have tendered their evidence. The learned Dist. J. has given the following reasons for upholding the objections of the counsel far the deft.:
This reasoning clearly indicates that the learned Dist, J., appears to think that it would be reopening the case if questions were to be asked with regard to issues 2, 3 & 4. I have not been able to follow this argument. Issues 2, 3 & 4 as stated above have not yet been decided. Bat the parties certainly have tendered their evidence both in proof & in rebuttal. Hence, the question of re -opening the case does not arise at all. It is not a question of adducing additional evidence. What has been disallowed (both by the Dist. Ct. & the H.C.) is production of additions evidence in support of issues 2, 3 & 4. But asking a question in cross -examination with regard to issue on which evidence had already been tendered is not producing additional evidence. When a party produces evidence in support of an issue the other party has a right to adduce evidence in rebuttal. When the other party produces evidence in support or in rebuttal the party beginning has a right to cross -examine Witnesses on all the issues in accordance with s.138, Evidence Act. If asking such questions in the cross -examination is tantamount to producing additional evidence, it would not have been allowed after the evidence has been tendered. But there is no such restriction on a party on the ground that his evidence has already been tendered. This clearly shows that the right of asking question in cross -examination is quite distinct from the right of producing evidence.

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