MOHAN LAL GUPTA Vs. CHAIRMAN NAGAR PALIK KAITHOON

JUDGEMENT

(1.) Instant civil revision petition filed by Mohan Lal Gupta-plaintiff petitioner is directed against the order dated 21st August, 2002 passed by the learned Additional Civil Judge (Junior Division) No. 5, Kota whereby application of petitioner for allowing the petitioner to give secondary evidence has been dismissed.

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

(3.) Now, Code of Civil Procedure has been amended by the Act of 46 of 1999 and it has been implemented from 1st July, 2002 and after this amendment Section 115 of CPC has been changed materially and consequently, the revisional jurisdiction of the High Court has now been materially restricted. On this point, judgment of Karnataka High Court in the case of KR Subbaraju v. Vasavi Trading Co., AIR 2002 Karnataka 407, judgment of High Court of Madhya Pradesh in the case of of Phool Singh v. Mavla alias Bhavaliya (AIR 2002 Madhya Pradesh 246) and the judgment of High Court of Allahabad in the case of Devi Das (deceased) v. State of U.P., AIR 2003 All 14 are relevant.