BHARATKUMAR SHRIMANNARAYAN AGRAWAL Vs. ANITA TRUST

JUDGEMENT

(1.) BY the Amending Act of 1999, the Parliament of India introduced extensive amendments to the Civil Procedure Code promulgated in 1908 and certain decisive and power curtailing amendments were made to section 115 of the Civil Procedure Code which was earlier extensively amended in 1976. This amendment brought about by the Amending Act of 1999 was brought into force with effect from 1-7-2002.

(2.) AFTER the application of the amending provisions from 1-7-2002 questions were raised in several revision applications either pending in this Court for admission or pending in this Court for final hearing as to whether the provisions of section 115 as amended with effect from 1-7-2002 are applicable to proceedings pending as of that date or whether those proceedings are liable to be considered as if the amendment has not taken place in relation to the pending matters.

(3.) IN view of the importance of the question involved and the repeated nature of it being raised before this Court, the matter was taken up for adjudication in Civil Revision Application No. 859/02 with the assistance of the learned Members of the Bar. The matter was decided on 16-8-2002 and this Court has taken a view that the provisions of the amended section 115 with effect from 1-7-2002 shall apply to pending proceedings also. That is to say, the pending proceedings and continuance thereof will have to be considered in the light of the provisions as amended with effect from 1-7-2002.