LAWS(PAT)-2010-4-5

DURGA DEVI Vs. VIJAY KUMAR PODDAR

Decided On April 27, 2010
DURGA DEVI AND ETC. ETC. Appellant
V/S
VIJAY KUMAR PODDAR Respondents

JUDGEMENT

(1.) Expressing doubt with regard to the correctness of the decisions rendered in Joydeb Banerjee v. Subodh Choudhary,2005 1 PatLJR 440, Raghubans Mani v. Mahabir Babu Marwari,2005 4 PatLJR 135, and Prem Shankar Chaudhary v. Special Officer, now President, Bihar State Board of Religious Trust, 2006 AIR(Pat) 12 the learned single Judge thought it apposite to refer the following questions for delineation by a larger bench.

(2.) Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') was amended and substituted by the Amendment Act, 1999, which came into force on 1-7-2002.

(3.) It is worth noting that challenge to amendments made to the Code by Amendment Act 46 of 1999 and Amendment Act 22 of 2002 came to be dealt with in Salem Advocates Bar Association v. Union of India, 2003 1 SCC 49 wherein the Apex Court expressed the view that the amendments that have been made do not suffer from any constitutional infirmity.