Baldevdas Shivlal & Anr vs Filmistan Distributors (India) (P) ... on 29 April, 1969
4. It is not shown how this is a case 'decided' by a Court subordinate to the High Court in order to enable this court to invoke its Jurisdiction under S. 115 of the C. P, C. In Baldevadas Shivlal v. Filmistan Distributors (India) Private Limited, the Supreme Court has laid down that the "every order of the court in the course of a suit does not amount to a case decided within the meaning of S. 115, C P. C By overruling an objection to a question put to witness and allowing the question to be put, no case is 'decided'. The instant case is a converse one where an objection is upheld. When the trial Judge allows an objection and disallows a question put to the witness or when he overrule- an objection and allows the question to the witness, it cannot be said that the case is 'decided' within the meaning of S. 115, of the C. P. C. Therefore, the revision petition under S 115, C. P. C. is not maintainable. Accordingly this revision petition is dismissed but without costs.