PARVA SAHAY Vs. RADHA KANT SAHAY

JUDGEMENT

(1.) THIS revision is by the plaintiff in a suit which is essentially one for affirmation or recognition of the family settlement imposed on the family by the propositus. On the filing of the suit, various members of the family impleaded as defendants appeared. Except defendant No. 3, ail the other defendants along with the plaintiff made an application requesting the Court to proceed in terms of Order XV, Rule 1 of the Code of Civil Procedure and to pronounce a judgment. The Court below found that since defendant No. 3 had not joined the petition, it was not possible to proceed in terms of Order XV, Rule 1 of the Code and to pronounce a judgment in the suit. It declined the prayer. It is this decision of the Court below that is challenged in this revision.

(2.) SINCE obviously if I were to interfere in exercise of my jurisdiction under Section 115 of the Code of Civil Procedure it will result in the suit being finally disposed of it cannot be said that revision is not maintainable under Section 115 of the Code as it now stands.

(3.) I dismiss the revision.