VIKRAMAJIT SEN, J.

( 1 ) THE present Petition inasmuch as it assails the dismissal of an amendment pursuant to an application under Order VI Rule 17 of the Code of Civil Procedure is not maintainable under Section 115 of the CPC. Such an Order does not fall within genre which, had it been in favour of the applicant, would have had the effect of finally disposing of the suit or proceedings. It is not maintainable in view of the pronouncement of the Hon ble Supreme Court in Shiv Shakti Coop. Housing Society, Nagpur vs. Swaraj Developers and Others, (2003) 6 SCC 659 and Surya Dev Rai Versus Ram Chander Rai and other, AIR 2003 Supreme Court 3044.

( 2 ) THE Order which has been impugned in this Revision denies the amendment of the plaint. In Prem Bakshi and Others Vs. Dharam Dev and Others, (2002) 2 SCC 2, the Hon ble Supreme Court has held that it is almost inconceivable that an Order permitting amendment of pleadings would cause failure of justice or irreparable injury to any party. These observations were obviously made in the context of unamended Section 115 of the CPC. It has been held by the Apex Court that amendments of procedural nature take immediate effect and therefore while

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