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1978 Supreme(All) 49

DEOKI NANDAN
Ram Narayan Jaiswal – Appellant
Versus
Rajeshwari Devi – Respondent


Advocates:
S.K. Verma, for Applicant.

ORDER :- This revision is directed against the order of the court of the District Judge, Ghazipur dated 7th Sept., 1977 rejecting a revision under Section 115 of the Civil P. C. which had been filed in that court on 31st May, 1977 from an order of the Court of the IIIrd Additional Munsif, Ghazipur dated 26th May, 1977 in Suit No. 203 of 1973 dismissing the defendant s application for amendment of written statement. The learned counsel for the defendant applicant was unable to point out any error in the order of the learned District Judge except for saying that the learned District Judge ought not to have rejected the revision but should have ordered it to be returned for presentation to this Court. Even if the order of the learned District Judge is treated to be an order returning the revision for presentation to this court, the revision from the order of the Munsif would be highly belated as the revision in this Court was filed on 21st Dec., 1977 that is, more than three months after the return of the revision by the Court of the District Judge. There is another objection to the maintainability of the revision. The proviso to Sec. 115 of the Code of Civil Procedure now lays down t





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