1971 (11) TMI 169

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....iff: V.S. Desai, Sr. Adv. P.R. Ramachandra Rao and B.R. Agarawala, Advs For Respondents/Defendant: Vishan Narain, Sr. Adv., G. Narayana Rao, Adv. JUDGMENT 1. These are appeals by special leave. They arise from the order made by the High Court of Andhra Pradesh in two connected revision petitions. 2. The material facts of the case are as follows. The respondent-plaintiff is serving in t....

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.... issued an interim ex-parte order as prayed for by him, but at later stage he revoked that order after hearing both the parties. 3. Aggrieved by that decision, the plaintiff went up in appeal. The appellate court modified the order of the trial court. It directed defendant to refrain from proceeding with the enquiry ordered till the decision of the suit but as regards suspension of the plaintif....

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.... thing is clear that it had jurisdiction to make that order. It is not the case that the first appellate court exercised its jurisdiction either illegally or with material irregularity. That being so, the High Court could not have invoked its jurisdiction under Section 115 of the Civil Procedure Code: See the decisions of this Court in Pandurang Dkoni Chougule v. Maruti Hari Madhav [1966]1SCR102 ,....