MOHANI DEVI Vs. NARAIN AND OTHERS

JUDGEMENT

(1.) Instant civil revision petition filed by Mohani Devi defendant petitioners is directed against the order dated 30.11.2002 passed by the learned Addl. District Judge No. 1, Jaipur District, Jaipur whereby the learned Judge allowed the application of the plaintiffs non petitioners filed under Order 6 Rule 17 of CPC.

(2.) Heard learned counsel for the petitioner at admission stage.

(3.) In view of the amendment in Sec. 115 of Code of Civil Procedure by amendment Act 46 of 1999, revisional jurisdiction of the High Court has now been materially restricted. Now High Court cannot interfere with the order of the subordinate courts under Sec. 115 of Code of Civil Procedure unless it can be shown that if the impugned order would have been made in favour of the party applying for revision it would have finally disposed of the suit or other proceedings. In the present case, even if the impugned order would have been passed in favour of petitioner by rejecting the application of the plaintiffs non petitioners under Order 6 Rule 17 even then by that order suit pending before the trial court could not have finally disposed of. Therefore, this revision is devoid of merit and is disposed of accordingly.