Interim orders expire on disposal; restoration of suit may revive ancillary orders only if dismissal and restoration terms so indicate.

An interim order made during a revision ceases to operate once the revision is finally disposed of, so the Munsiff lacked jurisdiction to enforce the expired direction and that enforcement order was unsustainable. On restoration of a suit dismissed for default, ancillary interlocutory orders do not revive automatically in every case; their revival depends on the terms of the dismissal and restoration orders, so the question required fresh consideration by the trial court. In revisional jurisdiction, the appellate order restoring the suit was not shown to suffer from material irregularity merely because a different view on the facts was possible, and interference was unwarranted.

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Issues: (i) Whether the Munsiff had jurisdiction to enforce an interim order passed in a revision after the revision had been finally disposed of; (ii) whether restoration of the suit revived ancillary interlocutory orders passed before dismissal for default; (iii) whether the appellate order restoring the suit suffered from material irregularity in exercise of jurisdiction.

Issue (i): Whether the Munsiff had jurisdiction to enforce an interim order passed in a revision after the revision had been finally disposed of.

Analysis: An interim order operates only so long as the proceeding in which it is made remains pending. Once the revision was finally disposed of, the interim direction made during its pendency could not continue to operate. The Munsiff could not construe the impugned proceedings as an independent order under Order 39 of the Code of Civil Procedure, since the order in truth attempted to give effect to the earlier revisionary interim direction after the revision had ended.

Conclusion: The Munsiff had no jurisdiction to enforce the interim order after disposal of the revision, and that order was unsustainable.

Issue (ii): Whether restoration of the suit revived ancillary interlocutory orders passed before dismissal for default.

Analysis: The effect of restoration depends on the terms of the dismissal order and the restoration order. Where a suit is dismissed for default and later restored, ancillary orders ordinarily revive unless the dismissal order had expressly vacated them or the restoration order indicates a contrary intention. Orders made to aid the main suit, including temporary injunctions, are not automatically governed by the rule applicable to attachment before judgment under Order 38 Rule 9 of the Code of Civil Procedure. The matter therefore turned on the actual terms of the relevant orders, which required fresh scrutiny by the trial court.

Conclusion: Restoration of the suit did not automatically answer the question of revival of ancillary orders, and the issue required reconsideration by the Munsiff on the basis of the dismissal and restoration terms.

Issue (iii): Whether the appellate order restoring the suit suffered from material irregularity in exercise of jurisdiction.

Analysis: The revisional court could not interfere merely because another view on facts was possible. The appellate court had assessed the evidence and found sufficient cause for non-appearance. In revisional jurisdiction under Section 115 of the Code of Civil Procedure, findings of fact and the sufficiency of evidence do not by themselves constitute material irregularity unless jurisdictional error is shown.

Conclusion: The appellate order did not suffer from material irregularity warranting interference.

Final Conclusion: The revision challenging the enforcement of the expired interim order succeeded, while the challenge to the restoration order failed; the suit-related question of revival of ancillary orders was remitted for fresh consideration.

Ratio Decidendi: An interim order passed during the pendency of a proceeding ceases to operate once the proceeding is finally disposed of, and restoration of a suit revives ancillary orders only if the dismissal and restoration orders, properly construed, show that intention.

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