- (1.) Heard Sri Prakash Chandra, learned counsel for the applicant, at length and in detail.
(2.) By the impugned order the prayer of the applicant to appoint a Commissioner for making local investigation in respect of the property which is the subject-matter of the contract for sale, the specific performance whereof is prayed for in the suit, has been turned down by the order impugned in the instant revision under Section 115 of the Code of Civil Procedure, 1908, hereinafter called the Code.
(3.) Second proviso to Section 115 of the Code, as mended in its application to Uttar Pradesh, mandate that the revisional Court shall not vary or reverse any order including an order deciding an issue made in the course of a suit or other proceedings, except where- (i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.;