ABDUL HUSSAIN H M HUSSAIN Vs. HATIM ALI

JUDGEMENT

(1.) THIS revision petition has been preferred by the applicants -defendants against the order dated 6.5.2000 passed by X Additional District Judge, Indore in civil suit No. 49 -B/1999 by which application of amendment filed under Order 6 Rule 17 of Civil Procedure Code by the plaintiffs has been allowed.

(2.) THIS revision petition was filed on 18.7.2000. During the pendency of revision section 115 of the Civil Procedure Code (in short CPC) has been amended vide act No. 46/1999 with effect from 1.7.2002. The amended section 115 reads as under : -

(3.) SHRI M.G. Upadhayay, learned counsel for the applicants submits that the disposal of application under Order 6 Rule 17 of CPC would mean disposal of a separate proceeding. If such an interpretation is accepted, then, the disposal of each and every application would amount to the disposal of separate proceeding. This interpretation can not be accepted from any angle of law. The term proceeding would mean the proceedings which are separately registered as Miscellaneous judicial case. It can not be construed widely, see Narsingh @ Nathu Singh and Another v. Pyare Singh and Another 2002 (II) MPJR 165,