PHOOLSINGH Vs. MAVLA ALIAS BHAVALIYA

JUDGEMENT

(1.) The applicant has filed this Civil Revision under Section 115 of the Code of Civil Procedure against the interlocutory order dated 3-8-1999 passed in Civil Suit No. 58-A/95 by the Civil Judge, Class II, Bhikangaon, whereby the trial Court rejected the application of the plaintiff, I.A. No. 6 under Order XIII, Rule 10 of the Code of Civil Procedure and I.A. No. 7 under Section 35 of the Indian Stamp Act.

(2.) This civil revision was filed on 27-9-1999 and by order dated 23-2-2000 notices were directed to be issued and the proceedings of the trial Court were stayed. This civil revision came up for hearing on 1-7-2002. On the same day the Code of Civil Procedure (Amendment) Act, 1999 (No. 46 of 1999) also came into force by notification dated 6th June, 2002. By Section 12 of this amendment of 1999 (No. 46 of 1999) in Section 115 of the Principal Act, the "proviso" of sub-section (1) has been substituted.

(3.) After the enforcement of the amendment w.e.f. 1-7-2002 when this revision came up for hearing the learned counsel for Respondents raised a preliminary objection about the maintainability of civil revision after the amendment and it was submitted that this amendment of 1999 will also apply on pending cases and pending cases have to be decided as per the amended proviso of Section 115 which has been substituted.