Subhag Mal S/o Sambhir Mal Ji Lodha v. State of Rajasthan thr. Collector
2003-03-28
HARBANS LAL
body2003
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the plaintiffs petitioners on the admission of this revision petition which has been preferred against the order dated 10.2.2003 passed by the learned Addl. Civil Judge (S.D.), Tonk in Civil Suit No. 52/92, rejecting the application of the petitioner u/O. 6 & R 17 CPC. 2. In view of the amended provisions of Section 115 CPC by the Amendment Act of 1999 (Act No. 46 of 1999) which came into force w.e.f. 1.7.2002 and the pronouncements the Hon'ble Karnataka High Court in the case of K.R. Subharaju v. M/s. Vasavi Trading Co. & Ors., AIR 2002 Karnataka 407 , M.P. High /,this he case of Phool Singh v. Mavla Alias Bhavaliya & Ors., AIR 2002 Madhya Pradesh 246 and this Court in the case of Hari Prasad v. Ram Dayal and Anr., in S.B. Civil Revision Petition No. 1474/2002 decided on 13.2.2003 .revision petition does not appear to be entertainable because if the order had been passed in favour of the petitioner, it would not have f the suit or the proceedings finally. 3. Hence, this revision petition is hereby dismissed as not maintainable. However, the petitioner shall be free to raise the grievance sought to be taised this revision petition in the appeal, if any.Revision petition dismissed. *******