“3. A party to a proceeding before a subordinate court is not obliged to question every order passed therein before a superior court as and when the same is passed. He can, so far as very many orders are concerned, wait till the proceeding terminates and final decision is rendered therein, and when, on being aggrieved by the final decision, he challenges it before the superior court, also can canvass the correctness of any order passed by the subordinate court, if the same has affected the final decision. Such are orders which constitute only a step towards the final decision or the final order and do not have the force of a decree. This is so, whether an appeal lies from such orders or not, provided if it is an appealable order, no appeal had been preferred therefrom. An order of remand from which an appeal lies is an exception to this rule. See Mharajah Moheshur Singh v. Bengal Government (1865) 7 Moo. Ind. App.283) and Satyadhyan v. Smt.Deorajin Debi (AIR 1960 SC 941). These principles find expression in S.105 of the Code of Civil Procedure, 1908 so far as appellate jurisdiction of the superior court is concerned, and in my view, these wholesome general principles would with much more force govern revisional jurisdiction of the superior court in relation to nonappealable final decisions of the subordinate courts.
