RAM SINGH Vs. AMRA

JUDGEMENT

(1.) THE instant revision has been filed against the order dated 28. 3. 95 passed by the learned Civil Judge (Jr. Division) and Judicial Magistrate First Class, Pindwara, District Sirohi in Civil Misc. Case No. 6/93 (Amra & Ors. vs. Dharma Godhi & Ors.) by means of which the learned trial court while rejecting application under O. 39 r. 1 CPC had passed ad- interim injunction in exercise of its residuary power conferred u/s. 151 CPC.

(2.) I have heard the learned counsel for the revisionists at length.

(3.) NOW for ready reference the provisions of amended Section 115 CPC are reproduced below : - "115 Revision :- (1) The High Court may call for the record of any case which has been decided by Court Subordinate to such High Court and in which no appeal lies thereto, and if such Subordinate Court appears - (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity. the High Court may make such order in the case as it thinks fit : Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding issue, in the course of a suit or other proceeding, except where : - (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 proceedings, 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 there to. 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. "