Central Bank Of India vs Shri Gokal Chand on 12 September, 1966
6. An order on an interlocutory application allowing amendment under the Act. cannot, therefore, be construed as one which affects the rights and liabilities of the parties. It is only an interlocutory order, the correctness of which can be questioned in an appeal against the final decision in the main case. If the argument of the landladies is to be accepted, then an appeal would lie from every order passed in the case even though it does not affect the rights and liabilities of the parties finally. We do not think that this was the intention of the Legislature as observed by the Supreme Court in the Central Bank of India's case, referred to above. We are, therefore, of the opinion that no appeal lies from such interlocutory orders which do not affect the rights and liabilities of the parties as such; therefore, a revision petition is maintainable under Section 115 of the Civil Procedure Code. In appropriate cases, the High Court may interfere with interlocutory orders in revision. That does not mean that the tenants in this case, who are the petitioners before us, can succeed on the merits of the case. It is open to them to raise all grounds of objections including the grounds which they have raised now against the order allowing the amendment, in the appeal which may be filed against the final order to be passed in the main application.