M D UTHAIAH Vs. MANDEPANDA AIYANNA

JUDGEMENT

(1.) PETITIONER and the respondents herein are the plaintiffs and defendants respectively in OS No. 212 of 1989, on the file of Civil Judge (Jr Dn) Virajpet. Petitioners filed IA-XXIII under Section 151 CPC to club the said suit [os No. 212 of 1989] with OS Nos. 240 of 1989, 242 of 1990, 151 of 1995 and 161 of 1996. The said application was dismissed by order dated 18-1-2002. Feeling aggrieved, petitioners have filed this petition under Section 115 of CPC, on 14. 2. 2002.

(2.) SECTION 115 of CPC was amended by Section 12 of Code of Civil Procedure (Amendment)Act, 1999 (for short, 'amendment Act') by substituting the proviso to Sub-section (1 ). The said amendment to Section 115 came into effect from 1-7-2002. The proviso to Sub-section (1) of section 115 CPC as substituted provides that the High Court shall not under that Section, vary or reverse any order made in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding. Section 32 of the Amendment Act, relates to repeals and saving. The relevant portion of Section 32 (2) of the Amendment Act dealing with the amendment to Section 115 is extracted below:

(3.) IN view of the said amendment to Section 115, the Respondents contended that the Revision petition is liable to be dismissed as not maintainable. The respondents relied on the decision of a learned Single Judge of this Court in K. R. SUBBARAJU v. VASAVI TRADING CO. , ILR 2002 kar 3513 holding that the amended Section 115 will apply even to pending revision proceedings on the following reasoning: