GURBINDER PAL KAUR ALIAS RANA Vs. MAAN SINGH

JUDGEMENT

(1.) THIS revision petition under Section 115 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') is directed against the order dated 15.9.2001 passed by the Civil Judge (Jr. Division), Malerkotla dismissing the application of the plaintiff-petitioner seeking amendment of the suit by incorporating the higher rate of compensation. In Civil Suit No. 690 dated 8.12.1994 filed by the plaintiff-petitioner, a claim of Rs. 1,000/- p.m. on account of maintenance from her father (defendant-respondent) has been made. However, on account of changed circumstances and more expenses required for continuing higher studies, the plaintiff-petitioner filed an application under Order VI Rule 17 of the Code for amendment of her claim to Rs. 5,000/- p.m. The application has been dismissed on the ground that no amendment could be allowed on account of changed circumstances.

(2.) AT the outset, it was pointed out to the learned counsel for the plaintiff-petitioner that such a revision petition is not now maintainable in view of the amendments which have been made effective from 1.7.2002 in the Code because it would not result into disposal of the suit even if the impugned order is set aside. Learned counsel has not been able to give any satisfactory reply to this query of the Court. Moreover, in Civil Revision No. 2829 of 2002, decided on 5.8.2002, this Court has considered the amended provisions of Sections 115 and 32 of the Code of Civil Procedure (Amendment) Act, 1999 and 2002. The view taken by this Court in the aforementioned judgment reads as under :-