Hon’ble F.I. Rebello, C.J.—A learned Judge, noticing conflicting judgments of this Court, has been pleased to refer the following question for our consideration :

“Whether a revision under Section 115 of the Code of Civil Procedure is maintainable against an order issuing a notice to the defendant on an application for a grant of a temporary injunction filed under Order 39 Rule 1 and 2 of the Code of Civil Procedure?”

2. The learned Single Judge, in the referral order, has noted -

(A) Following judgments, holding that a civil revision is not maintainable:

(1) Rajendra Singh and others v. Brij Mohan Agarwal and another, AIR 2003 All. 180.

(2) Debi Das v. State of U.P. and others, 2003 (3) AWC 1921.

(3) Bhagwati Prasad Lohar and others v. State of U.P. through Secretary of Legal Department, Lucknow, U.P. and others, 2005 (60) ALR 512.

(4) Debi Das (deceased) v. State of U.P. and others, 2002 (2) ARC 565.

(B) Following judgments, holding that a civil revision is not maintainable after amendment in Section 115 by U.P. Act No. 14 of 2003 :

(1) Mohd. Rais Khan v. Shree Naseeb Ullah Khan and others, 2006(4) ADJ 25 (NOC).

(2) Narendra Kumar v. Nagar Nigam, Bareilly and 3 others, 200