K R SUBBARAJU Vs. VASAVI TRADING CO

JUDGEMENT

(1.) THE defendant has preferred this civil revision petition under S. 115 of the Code of civil Procedure. The suit is one for recovery of money and other consequential reliefs.

(2.) THE plaintiffs had filed I. A. No. 6 seeking amendment to the plaint for incorporating clause 2 (a), taking a stand that the plaintiffs instead of carrying on business as a partnership as originally pleaded, they were doing so as members of their Hindu undivided family. By the impugned order, the Court below has allowed the amendment. The question to be attended at the threshold is as to whether as a consequence of amendment to S. 115 of the CPC by the Code of Civil Procedure (Amendment) Act, 1999 (Act 46/1999), which has come into force with effect from 1-7-2002, the present civil revision petition is at all entertainable.

(3.) SECTION 115 CPC before its amendment by CPC (Amendment) Act, 1999 (46/1999) read as under :-