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2002 Supreme(Bom) 1031

R.M.S.KHANDEPARKAR
Zahida Nizamuddin Jalal & others – Appellant
Versus
Abidali Jafferali Syyed & others – Respondent


Judgment

R.M.S. KHANDEPARKAR, J.:---The petitioners challenge the order dated 7th August, 2002 passed by the Joint Civil Judge, Junior Division, Kalyan District-Thane under Exh. 40 in Reg. Civil Suit No. 471 of 1998. By the impugned order, the trial Court has rejected the application filed by the petitioners for their joinder as the parties to the suit. Considering the provisions of section 115 of the Code of Civil Procedure, as amended, and which are in force with effect from 1st July, 2002, and the decision of the learned Single Judge of this Court in the matter of (Rajabhau Mahadeorao Rahate v. Dinkar Shantaram Ingole)1, reported in 2003(1) Bom.C.R. (N.B.)40 : 2002(3) Mh.L.J. 921, the impugned order would not be revisable and therefore, the petition would be liable to be rejected in limine. However, the learned Advocate for the petitioners contended that the expression "other proceedings" in the proviso to section 115 of the Code of Civil Procedure would include miscellaneous as well as supplementary proceedings in a suit, apart from other original proceedings, as well as that the word "shall" in the said proviso is required to be read as "may" and having so considered, the impug
















































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