D KYATHAPPA Vs. K L SIDARAMAPPA

JUDGEMENT

(1.) The short and important question that arises for consideration in this revision is "in judging the pending revisions should the High Court apply the criteria in Section 115 CPC as amended by CPC (Amendment) Act, 1999 (Act 46/99) or as it stood prior to amendment on its coming into force with effect from 01-07-2002'.

(2.) As the said issue frequently arises for consideration in almost all cases which come up for admission after 01-07-2002 and also at the time of hearing the cases which were admitted prior to 01-07-2002 and having regard to the importance I requested the learned Senior Counsel Sri Challa Seetharamaiah to assist the Court apart from the Counsel appearing for the parties.

(3.) It is relevant to note the British given procedural laws of 1898 and 1908 was all that the country inherited, they met a need that was why they had lasted except certain minor amendments to the provisions of 1908 to suit the need, whereas the Code of Criminal Procedure, 1898 has been repealed by Act 2 of 1974. In order to appreciate the nature of the controversy it will be convenient to refer the statutory provisions relating to revision.