RAJABHAU MAHADEORAO RAHATE Vs. DINKAR SHANTARAM INGOLE

JUDGEMENT

(1.) THIS revision application raises a substantial question of law of large public importance regarding maintainability of a revision application under section 115 of the Code of Civil Procedure, 1908, after its amendment effective from 1st July, 2002. The question whether a revision application pending before this Court as of that day are liable to be decided in accordance with the amended provisions of section 115 or the amendments may not affect the pending revisions; what is the scope and extent of saving Clause in section 32 of the Amendment Act. These and analogous important questions occur with regularity in all cases that will come up for admission after 1st July, 2002. In my opinion, therefore, it is necessary that the view of this Court at least on the interpretation of these provisions, is taken and made known to all concerned.

(2.) GENERALLY, it could be necessary to decide the scope and extent of the provisions of section 115 of the Code of Civil Procedure to determine whether the revisions pending in this Court prior to 1st July, 2002 be maintained as if the amendments have not been effected or they are liable to be considered only in light of the amended provisions.

(3.) I had solicited the assistance of the learned members of the bar by inviting their participation and discussion on the question of scope and extent of the provisions of section 115 of Civil Procedure Code as amended by the Amendment Act of 1999. Several learned Counsel appeared and submitted their views on the scope and extent of the provisions of section 115 as amended.