SHANTILAL Vs. SABU

JUDGEMENT

(1.) THIS revision petition is directed against the order of the 12th additional Judge to the Court of the District Judge, Indore, in Civil Regular appeal No. 3/92 dated 11.6.1992 rejecting an application under section 148 Civil Procedure Code.

(2.) A preliminary objection has been raised by the learned counsel appearing on behalf of the respondenton the ground that a revision petition against the order passed during the pendency of the appeal is not maintainable in view of the clear provision of section 115 Civil Procedure Code as amended by the State of Madhya Pradesh and the judgment of this Court interpreting the provisions so contained.

(3.) THE argument of the learned counsel for the applicant is that a decision impugned has been taken by the district Court itself for the first time and, therefore, the order is revisable but the decision taken for the first time as to be read with the words 'in a case arising out of an original proceeding '. As such, only those orders of the District Judge which have been taken for the first time by the District Judge in a case arising out of an original proceeding are revisionable or where the valuation of the suit is over Rs. 20,000/ - As such, in view of the aforesaid two decisions of this Court, it is not a fit case wherein the revision can be held to be maintainable.