-Failure of court to advert to application for interim relief---Scope---Petitioner assailed interlocutory order passed on an application under S.12(2), C.P.C., whereby notices wère issued to respondents---

 2021 CLC 1778

Civil Procedure Code (V of 1908)---

-Ss.12(2) & 115---Revision petition--Failure of court to advert to application for interim relief---Scope---Petitioner assailed interlocutory order passed on an application under S.12(2), C.P.C., whereby notices wère issued to respondents---Contention of petitioner was that application for interim relief was filed along with the application under S.12(2), C.P.C., which was not entertained or adverted to by the trial court which amounted to declining the interim relief---Validity--- Impugned order did not show that application for interim relief was taken up for hearing before the court which had taken cognizance of the application under S.12(2), C.P.C.---Petitioner was required to show that the application had been taken up for hearing and after applying application of mind the court had either refused the relief or deliberately avoided to pass any order on the same amounting to refusal of interim relief--Revision petition being premature was disposed of with the observation that the petitioner in the first instance may raise the matter of pendency of the application before the trial court.