RAM NARAIN CHAURASIA Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) PRESENT Civil Revision has been filed mentioning therein that revisionist Ram Narain Chaurasia and respondent No. 1 to 9 are members of joint undivided Hindu family and further entire property has been purchased for joint business at three places. Rama Shanker Chaurasia died on 15. 06. 2002. Ram Narain Chaurasia filed Original Suit No. 863 of 2005 against respondent no. 1 to 5 for cancellation of will deed dated 07. 02. 2005 and permanent injunction. It has been stated that thereafter trial court passed order not to sale any of the properties. Revisionist submits that in spite of injunction order was there House No. 46/53 has been sought to be sold by entering in agreement of sale and Rs. 10,00,000/- (ten lac) has been received as earnest money. Thereafter an application was moved under Order 39 Rule 7 of Code of Civil Procedure for issuing direction that amount in question which has been received same be kept in some Nationalized Bank. Said application was objected to by filing objection on 15. 07. 2008. Against the said order in question present Civil Revision has been filed.

(2.) FIRST question to be adverted to is as to whether present Civil Revision filed under Section 115 of C. P. C. is maintainable or not ? at this juncture it would be relevant to refer the original text of Section 115 of CPC as stood present under the Central Act as well as after U. P. Amendment Act, 2003, which are being quoted below :-Central Amendment Act to Section 115 of Code of Civil Procedure-

(3.) U. P. State Amendment to Section 115, CPC as incorporated in 2003