Law:

Section:

Civil Procedure Code (V of 1908)--- Ss. 2(d) & 104 and O. VIII, r. 10 read with O. XLIII, r. 1(b)-Order/ against defendant for failure to file written statement-Held Appeal-able-Such order not a decree, second appeal not competent and revision to High Court alone competent.-[Appeal (civil)-Revision (civil)] JUDGMENT KARAM ELAHEE CHAUHAN, J.--1t is not necessary to go into the detailed facts of this case and for the purpose of the present order it will be sufficient to mention that in a suit filed by the respondent, the learned Civil Judge on 15-7-1970, pronounced judgment against the petitioners-appellants under Order VIII, Rule 10, .P. P. C. for their failure to file a written statement. 2. The appellants/petitioners filed an appeal but without success as the same was dismissed by the learned Additional District Judge on 1-7-1971. 3. The appellants 'petitioners then filed a civil revision being C. R. No. 832 of 7971 which too failed as the same was dismissed by the High Court on 12-10-1971, as not maintainabie for the reason that from the decree of the learned Civil Judge a second appeal in the High Court could be filed with the result that when an appeal "lies thereto" (i.e. the High Court.) a revision 'In that Court was incompetent under section 115, C. P. C. 4. The appellants/petitioners have come up in appeal to this Court by special leave which was granted on 20-6-1973. 5. After hearing the…

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