SAWAL SINGH Vs. RAMSAKHI

JUDGEMENT

(1.) THIS order will decide Civil Revision Nos. 202/2000 (Sawal Singh v. Smt. Ramsakhi and Ors.), 286/2002 (Anokhi Lal v. Surendra Kumar and Ors.) and 388/2002 (Leela Bai v. Lottan and Ors.) involving same question of law. The facts of the cases are as under :-- (Civil Revision No. 202/2000) The applicant has filed present revision challenging the order dated 18-1-2000 passed by Additional District Judge, Khurai, Distt. Sagar in Civil M. A. No. 19/99, by which appeal filed by plaintiffs/respondents under Order 43 Rule 1 of CPC was allowed and temporary injunction issued against the applicant during the pendency of the suit. (Civil Revision No. 286/2002) This applicant has challenged the order passed by First Civil Judge, Class 2, Khandwa, in Civil Suit No. 170-A/99 by which application filed by non-applicants/plaintiffs under Order 6 Rule 17, CPC was allowed and plaintiffs were permitted to amend the plaint. This revision was filed on 6-2-2002 and admitted on 9-4-2002. (Civil Revision No. 388/2002) In this revision the order passed by the Court below by which application under Order 39 Rules 1 and 2, CPC filed by the plaintiff was rejected by the Trial Court and appeal filed by the applicant under Order 43 Rule 1, CPC, was also dismissed, is impugned. The batch of revisions has been filed invoking jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to "the Code" ). Section 115 of the Code of Civil Procedure has been amended by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), and came into force on 1st July, 2002 by Notification dated 6th June, 2002. Now, the amended Section is as under:--

(2.) IN nut-shell, now in Sub-section (1) of Section 115 of the Code, following words which were in the statute book have been omitted :--

(3.) FOR the decision of the above revision petitions, following questions arise:--