Writ Article 227 challenging orders passed under O 1 R 10 CPC

Order passed under CPC Order 1, Rule cannot be termed as an interlocutory order - revision petition under Article 227 of the Constitution of India is maintainable

Civil Procedure Code, 1908 (V of 1908) Order 1, Rule 10 – Order by the trial Court cannot be termed as an interlocutory order as the same has decided the right of the petitioner finally by concluding that he is not necessary and proper party in the suit - This fact if read in conjunction with the provisions of Order 43 Rule 1 CPC would show that the order is not appealable in nature – It can be concluded that revision petition under Article 227 of the Constitution of India is maintainable . (201) PLR 074