AIR 1986 MADRAS 33 ::1984 TLNJ 384 ::(1985) 98 MadLW 112 ::(1985) 1 MadLJ380

Madras High Court

Hon'ble Judge(s): Nainar Sundaram , J

(A) Civil P.C. (5 of 1908) , S.115, O.26 R.9, O.26 R.10— Expression "case decided" - Order declining to appoint Commissioner under O.26. R.9. to make local investigation - Order is "case decided" and revisable under S. 115. AIR 1979 Punj and Har 76 Dissent. The expression "case decided" in S.115 relates not only to the main suit but also to any other proceedings between the initiation of the suit and its final adjudication. From the inception of the suit until it is disposed of one way or the other innumerable proceedings crop up and innumerable rights and obligations are claimed by and cast upon the parties and they have to be decided in such proceedings and if in fact some right or obligation of the parties in controversy gets decided in the course of such proceedings, that would amount to a "case decided". The right or obligation need not necessarily have a nexus to the main lis and the final resolution of the controversy between the parties. Very many rights and obligations do crop up and they have @page-Mad34 foundations both in substantial law as well as procedural law and if they get decided by such interlocutory orders, they are certainly revisable. The object of the local investigation under O.26 R.9 is to collect evidence at the instance of the party who relies on the same and which evidence cannot be ta....