Law:

Section:

(a) Civil Procedure Code (V of 1908)-------Ss. 141, 115 & O.IX, R.2---Failure to deposit process fee---Revision was dismissed under O.IX, R.2, C.P.C. as the petitioner failed to deposit process-fee---Validity---Although the provisions of O.IX, R.2, C.P.C. were not ipso facto applicable to proceedings in revision, yet its principles were applicable upon the strength of S.141, C.P.C. (b) Civil Procedure Code (V of 1908)--- ----Ss. 96, 115 & 141---Appellate and revisional jurisdiction of Courts--­Distinction---Interlocutory order; re-determination of---Validity--­Jurisdiction of Appellate Court in first appeal is wider than its revisional jurisdiction---First Appellate Court can go into all questions of law and fact and can lawfully reconsider and re-determine any interlocutory order passed by the Trial Court while the Appellate Court in proceedings to decide the appeal, cannot be influenced by the fact that an earlier revision against the interlocutory order has been dismissed by the Trial Court for non-deposit of process fee. (c) Civil Procedure Code (V of 1908)--- ----S. 96, O.IX, R.2 & S.115---Re-determination of question subject-­matter of earlier revision petition---Application for comparison of thumb­ impression was dismissed by the Trial Court and the order of dismissal was assailed in revision petition before the Revising Court---Revision petition was dismissed by the Revising Court for non-deposit of process fee---Question of comparison of the thumb-impression was again agitated before the First Appellate Court at the time of disposal of first appeal--­Appellate Court found it necessary to have the thumb-impression compared, therefore, the appeal was allowed and the case was remanded to Trial Court for getting the thumb-impression compared by the Finger Print Expert---Contention of the petitioner was that once the revision petition for comparison of the thumb-impression had been dismissed by the Lower Revising Court, the same question could not be decided by the same Court in exercise of appellate jurisdiction under S.96, C.P.C.--­Validity---Same question which was the subject-matter of the earlier revision petition dismissed under O.IX, R.2,…

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