RADHEY SHYAM Vs. NATHURAM

JUDGEMENT

(1.) Radhey Shyam plaintiff has filed this revision application against the order of the learned Munsiff and Judicial Magistrate, Rajgarh rejecting his application for admission of three documents under Order 13 Rule 2 C.P.C.

(2.) A preliminary objection has been raised by Mr. Anil Rajvanshi, learned counsel for the respondent that no revision can be entertained on the question whether an application under Order 13 Rule 2 should have been accepted or rejected. He relies upon the judgment of this court reported in Harakchand v. State of Rajas-than, 1970 Raj LW 320, where a Full Bench consisting of Bhandari, C. J. and Bhargava and Modi JJ, observed as under:

(3.) Mr. Goyal appearing for the petitioner submitted that this judgment was given on the Civil P. C. as it stood before the amendment of 1976. He contends that there has been a change and alteration in Section 115. He points out that a proviso has been added and Sub-clause (b) of the proviso mentions that in case an order if allowed to stand occasions failure of justice then interference can be made in revision.