Revisional interference with refusal to cross-examine a deponent is limited to jurisdictional error, material irregularity, or failure of justice.

Interference under Section 115 CPC is limited to jurisdictional error, material irregularity, failure of justice, or irreparable injury, and will not be made against an interlocutory order passed within jurisdiction. Permission to summon a deponent for cross-examination under Order 19 Rule 2 CPC is not automatic; it must rest on bona fide grounds and a demonstrated need in the interests of justice. As no material irregularity was shown in the subordinate court's refusal and no irreparable injury was established, revisional interference was declined and the refusal to permit cross-examination was upheld.

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Issues: Whether the revisional court should interfere with the order refusing permission to cross-examine the deponent of an affidavit under Order 19 Rule 2 of the Code of Civil Procedure, 1908.

Analysis: Permission to summon a deponent for cross-examination under Order 19 Rule 2 is not a matter of course and must be supported by bona fide reasons and a showing that such cross-examination is necessary in the interest of justice. Revisional interference under Section 115 of the Code of Civil Procedure, 1908 is limited to cases of jurisdictional error, material irregularity, or where the order, if allowed to stand, would occasion failure of justice or irreparable injury. The subordinate court had jurisdiction to decide the application and no material irregularity was shown in its refusal. The petitioner also failed to establish that any irreparable injury would be caused by leaving the order undisturbed.

Conclusion: The revisional challenge was not maintainable on the facts found, and refusal of permission for cross-examination was upheld. The revision petition was dismissed.

Ratio Decidendi: Interference under Section 115 of the Code of Civil Procedure, 1908 is unwarranted against an interlocutory order passed within jurisdiction unless the order suffers from material irregularity and its continuance would cause failure of justice or irreparable injury; permission under Order 19 Rule 2 is to be granted only on bona fide grounds and where necessary in the interest of justice.

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