A. K. KIRTY, B. D. GUPTA, G. C. MATHUR, K. B. ASTHANA, S. N. KATJU
Rama Shanker Tiwari – Appellant
Versus
Mahadeo – Respondent
JUDGMENT
G.C. Mathur, J. - The question whether the decision of a Full Bench of this Court in Mst. Suraj Pali v. Ariya Pratinidhi Sabha 1936 AWR 776 (FB) holding that no revision lies from an order refusing to allow an amendment of a pleading Under Order VI, Rule 17, Code of Civil Procedure, requires re-consideration in view of the recent decision of the Supreme Court in Major S.S. Khanna Vs. Brig. F.J. Dillon, AIR 1964 SC 497 arose in two civil revisions before a Single Judge of this Court. In the suit, out of which Civil Revision No. 1736 of 1964 arises, the Defendant had filed an application for amendment, seeking to add a plea in his written statement that the Munsif, before whom the suit was pending had no jurisdiction to entertain the suit. This application was rejected by the Munsif and a revision was filed against the order of rejection. At the hearing of the revision, an objection was taken that the revision was incompetent as the order of the Munsif did not amount to a "case decided" within the meaning of Section 115 of the Code of Civil Procedure. The Applicant in the revision contended that the decision in Mst. Suraj Pali's (supra) case was no longer good law in view of
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