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1978 DIGILAW 137 (MP)

Union of India v. Detaram

1978-02-15

G.L.OZA

body1978
Short Note : 1. In a suit filed by the plaintiff non-applicants the petitioners wanted some issues to be tried as preliminary. Accordingly the learned Judge proceeded to dispose of the issues Nos. 4, 5, 6, 7 and 8 as preliminary and decided those issues. Against this order the present revision petition has been filed. Held: Learned counsel appearing fur the petitioners contends that the decision of issue No.6 is erroneous. The learned Court below held that notice is in accordance with section 80 of C.P.C. The main grievance of learned counsel is that the learned Judge has not considered the question in detail and has the notice to be valid. Admittedly the learned Court below had jurisdiction to decide an issue rightly or wrongly. Even if the contention of learned counsel is accepted that the view taken by the Court below is erroneous, even then the revision to correct the errors of law would not fall within the ambit of jurisdiction of this Court under section 115 of the C.P.C. Revision dismissed.