I.M.Quddusi, J. - (1.) Heard learned counsel for the revisionists.
(2.) This revision has been filed against the order dated 11.1.2002 passed by 11 Additional District Judge, Bahraich in Civil Appeal No. 80 of 1999 deciding the application C-46 and its objection C-50. The application was made by the appellant for issuing commission which has been rejected.
(3.) In the case of Ganga Saran v. Civil Judge. Hapur, Ghaziabad, 1991 (1) AWC 213 (FB), the Full Bench comprising of Hon'ble the Chief Justice B. P. Jeevan Reddy. Hon'ble V.N. Khare, J. and Hon'ble V.N. Mehrotra. J.. (as they were then), framed two questions for decision which are as follows : (1) "Whether the judgment of the Supreme Court in Qamruddin v. Rosul Baksh, 1990 ID AWC 308 (SO : 1989 (?) LCD 534 : 1990 (1) ARC 250 (SC) : 1990 SCFBRC 76 (SC), has the effect of overruling the Full Bench decision of this Court in Jupiter Chit Fund (Pvt.) Ltd, v. Dwarka Diesh, 1979 AWC 371 : AIR 1979 All 218 : 1979 ARC 325 (FB), as affirmed by the judgment of the Supreme Court in Vishesh Kumar v. Shanti Prasad, 1980 AWC 263 : AIR 1980 SC 392 : 1980 ARC 358 (SC) and Sri Vishnu Awatar v. Shiv Autar, 1980 AWC 346: AIR 1980 SC 1575 : 1980 ARC 461 (SC)? (2) Whether a writ lies against a civil court's decision? in short whether an appellate order passed by the District Court or an order passed by it in exercise of its revisionary power conferred upon It by Section 115. C.P.C. (as amended by U. P. Amendment Act, 1978) is amenable to writ jurisdiction of this Court?;