SRI KUNJ BEHARI Vs. SRI KRISHNA DUTT

JUDGEMENT

(1.) This revision by the defendants has been filed against the judgment and order dated 7-4-1993 passed by the IV Additional District Judge, Hamirpur rejecting the application No. 80-Ka filed by the defendant- revisionists for temporary injunction and clarification of the order dated 11-12-1990, in Civil Appeal No. 9 of 1990.

(2.) The contesting opposite parties had filed a caveat in this Court. A preliminary objection has been raised by the learned counsel for the caveators that this revision filed against the order of the appellate court is not maintainable in view of the law laid down in the case of All 218; (1979 All LJ 685) (FB). It may be mentioned that the report of the Stamp Reporter is also to the same effect. Learned counsel for the revisionist has, however, contended that the revision in the present case is not barred and is very much maintainable before this Court. Learned counsel has tried to distinguish the Full Bench Decision.

(3.) To appreciate the argument of the learned counsel for the parties it will be necessary to refer to the provisions of Section 115, C.P.C. as it stands at present after it was amended by the Code of Civil Procedure (Uttar Pradesh Amendment) Act No. 31 of 1978, which read as follows:-"