LAWS(MPH)-1990-12-32

SITARAM Vs. CHATRO

Decided On December 06, 1990
SITARAM Appellant
V/S
Chatro Respondents

JUDGEMENT

(1.) 1990 JLJ 422, wherein it has been held that after the amendment in the Code of Civil Procedure and its enforcement from 1.2.1977, an order passed under S. 47, CPC, ceased to be a decree and, as such, the right of appeal against such an order has now been taken away by express enactment.

(2.) SHRI Jain in view of the Full Bench decision in Babulal (supra) could not repel the preliminary objection but submitted that the appellants be allowed to convert this appeal into a petition under Art. 227 of the Constitution of India, because a revision in view of the State Amendment in the Code of Civil Procedure in 1984, also will not lie to this Court.