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2002 Supreme(Raj) 1743

B.S.CHAUHAN
Prahalad Singh – Appellant
Versus
Padma Jain – Respondent


Advocates:
For the Petitioner:Rameshwar Hedau, Advocate.
For the Non-Petitioner:J.R. Patel, Advocate.

JUDGMENT

1. - This revision petition has been filed against the impugned order dated 4.5.2001 by which the application under Order 6 Rule 17 of the Code of Civil Procedure (for short 'the Code') of the non-petitioner has been allowed.

2. Learned counsel for the non-petitioner has raised the preliminary objection regarding the maintainability of the revision petition contending that it is merely an interlocutory order and order passed on such an application does not decide the issue. Therefore, the revision petition is not maintainable. In support of his submission, he has placed reliance upon the judgment of the Hon'ble Supreme Court in Prem Bakshi and ors. v. Dharam Dev and ors., (2002) 2 SCC 2 wherein the Hon'ble Supreme Court has held that amendment of the pleadings would not amount to decision on the Issue involved. They only would serve advance notice to the either side as to the plea, which a party might take up.

3. Shri Hedau has placed reliance upon the judgment of the Hon'ble Supreme Court in Madhu Limaye v. State of Maharashtra, AIR 1978 SC 47 ; Santosh and anr. v. Archana Guha and ors., (1994) 2 SCC 420 ; V.C. Shukla v. State through CBI, AIR 1980 SC 962 ; Rajendra K










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