SURESH PATEL Vs. ANTAR SINGH

JUDGEMENT

(1.) BY filing this writ under Article 227 of the Constitution of India plaintiffs -petitioners seek to challenge the impugned order dated 21.4.2005 (Annexure P -1) passed by 1st Civil Judge Class II, Mandleshwar (W.N.) in Civil Suit No. 32 -A/2004. The need to file this writ has arisen, because according to petitioners they have no right of civil revision which they could have filed earlier under section 115 of Civil Procedure Code i.e. prior to amendment in the Civil Procedure Code which was brought into effect from 1.7.2002.

(2.) HEARD Shri B.I. Mehta, learned counsel for petitioners and Shri G.M. Agarwal learned counsel for respondents.

(3.) BY filing an application under Order 13, Rule 2 ibid, the plaintiffs wanted to file a Will said to have been executed by deceased Tarabai in favour of plaintiff No. 2 (petitioner No. 2), It is this prayer which was refused by learned trial Judge which is now being reiterated by means of filing this writ. Notice of this petition was issued to respondent and duly represented.