( 1 ) THE revisionist applicant by means of this revision challenges the order passed by the trial court dated 22. 8. 2005, whereby the trial court recorded a finding that in the facts and circumstances of the case no ex parte temporary injunction can be granted unless the other side is heard.

( 2 ) ACCORDING to the amended provisions of Code of Civil Procedure as amended in the State of u. P. the exercise of power under Section 115 of the Code of Civil Procedure is subject to the following conditions, namely: 115. Revision.--The High Court, in case arising out of original suits or other proceedings (of the value exceeding one lakh rupees or such higher amount not exceeding five lakh rupees as the high Court may from time to time fix, by notification published in the Official Gazette including such suits or other proceedings instituted before the date of commencement of the U. P. Civil laws (Amendment) Act, 1991, or as the case may be, the date of commencement of such notification), and the District Court in any other case, including a case arising out of an original suit or other proceedings instituted before such date, may call for the record of any case which ha