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Revision Petition Not Maintainable Against Interlocutory Orders

In Tek Singh vs. Shashi Verma, the trial court had dismissed an interlocutory application in a suit filed under Section 6 of the Specific Relief Act. The interlocutory application filed under Order 39 Rule 1 CPC was dismissed by Trial Court holding that the relief asked for could not be granted as it would amount to decreeing the Suit itself. The First Appellate Court dismissed the appeal. In the revision petition filed under Section 115 CPC, the High Court set aside the concurrent findings of fact and allowed it.

The Supreme Court observed that the 1999 amendment to the CPC added a proviso Section 115 which states that after 1999 or even otherwise, the revisional jurisdiction under Section 115 CPC is to be exercised to correct jurisdictional errors only. 

The court also observed that a mandatory injunction granted at the interim stage could be granted only if a 'much more than a mere prima facie case' is made out.

Article referred: https://www.livelaw.in/know-the-law/s115cpc-revision-not-maintainable-against-interlocutory-orders-142753

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