MAHENDRABHAI MAFATLAL PATEL Vs. MAHIPATJI SHIVAJI THAKOR

JUDGEMENT

(1.) . This is a revision application under section 115 of the Code of Civil Procedure (1908) (as amended in 1976), at the instance of the original plaintiff, challenging the order of the trial court passed below Exh.168, which was an application made by a third party to be joined as party defendant in the said suit. The trial court had granted the said application and consequently the applicant in Exh.168 was permitted to join as defendant no.7 to the suit. It is this order which is the subject matter of the present revision.

(2.) . It is both relevant and pertinent to note that the Code of Civil procedure (1908), has been amended by the Code of Civil Procedure (Amendment) Act, 1999, which was published in the Gazette of India dated 30th December 1999. However, by virtue of the Notification issued under section 1, subsection (2) of the said Amendment Act, the amendment came into force from 1st July 2002.

(3.) . For the present purposes, it requires to be noted that section 12 of the Amendment Act amends and modifies section 115 of the principal Act, whereby (inter alia) a new proviso has been substituted as under: