RAM DHANI Vs. RAJA RAM

JUDGEMENT

(1.) The moot question involved in the present petition is, whether a revision under Sec. 115 of the Code of Civil Procedure is maintainable against an order issuing a notice to the defendants on an application for a grant of a temporary injunction filed under Order 39 Rule 1 and 2 C.P.C.

(2.) Time and again, this question has troubled the Court and over a period of time, judgments, both in favour and against, have been issued by the Court. While delivering some of the judgments, the Court has relied upon the judgments of other High Courts without realising that the provision of Sec. 115, as applicable in the State of U.P., was different with that of the provision of the Sec. 115 of the Central Act or of the other States.

(3.) The controversy, to a large extent was set at rest through various judgments, but after the amendment of Sec. 115 by U.P. Act No. 14 of 2003, the controversy has again erupted. Judgments have been churned out by the Court holding that a revision is maintainable and in others holding that the revision is not maintainable. In some of the judgments, directions have been issued to the Registrar General to circulate the judgment to the subordinate judiciary but subsequently the Court has issued a judgment to the contrary thereby sending a wrong signal to the subordinate judiciary.