Binod Kumar Roy, R.K.Mahajan, JJ. - (1.) This appeal was filed earlier as a revision and numbered as Civil Revision No. 185 of 1997. Vide Order dated 9.7.1997, a learned single Judge on a prayer made by the learned counsel for the Appellant, permitted to convert this civil revision as an appeal which has been placed before us. By the impugned order the plaintiffs application 122ga praying to call upon the defendant to answer the questions mentioned therein has been allowed subject to payment of cost of Rs. 100 and the defendant has been directed to answer within one week, and appears to have been passed under Order XI. Rules 1 and 8 of the Code.
(2.) To a question put by us as to how an appeal lies under Order XLIII, Rule 1 (f) of the Code of Civil Procedure against an order directing the appellant to file reply to interrogatory, Sri Mandhyan, the learned counsel for the appellant contended that as the order in question has been passed under Order XI, Rule 21 of the Code of Civil Procedure, an appeal lies under Order XLIII. Rule 1 (f) of the Code of Civil Procedure. According to the decision in Maheshwari Oil Mill v. M/s. Girjanath Durga Saran, AIR 1980 All 265, an order refusing to grant leave to a party to deliver interrogatories to the plaintiff is not a 'case decided' and, thus, no civil revision lies.
(3.) We do not find substance in the contention of Shri Mandhyan.;