MANAK CHAND Vs. RAMESHWAR

JUDGEMENT

(1.) THE matter is placed on the board for orders as the notices for plaintiff non-petitioners No. 4/2 are received unserved.

(2.) SHRI Alok Garg, the learned counsel for the plaintiff non- petitioners No. 1 and 5 raised a preliminary objection that this revision petition is not maintained in view of the amended provisions of Section 115 of the C.P.C. 1908.

(3.) VIDE Section 43 of the Code of Civil Procedure (Amendment) Act, 1976, Section 115 is renumbered as sub-section (1) and proviso to sub-section (1), sub-section (2) and explanation have been added which read as under, "Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except (a) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding, or (b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. (2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto. Explanation.-In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue, in the course of a suit or other proceeding."