The amendment in S. 115 of the Civil Procedure Code by M. P. Amending Act is only a change in the procedural law and it will apply retrospectively even to pending suits and other proceedings.

( 1 ) THE learned single Judge has referred the following two questions for decision by a larger Bench with a request to hear and decide the revision itself :- (1) Whether the applicant-plaintiff has acquired any vested right to file a revision in this Court under S. 115, C. P. C. on the date of filing the present suit ? (2) If the answer to question No. 1 is in the affirmative, whether the present revision in this Court is unaffected by the amendment of S. 115, C. P. C. by amending Act. No. 29 of 1984 ?this Order will also dispose of Civil Revisions Nos. 1460/84, Bhailal v. Ramakant @ Soukhilal, 103/85, Shankerlal v. Illahi; 204/85, Ramniwas Gupta and others v. Jamnadas and another; 277/85, Sanjeev Jain v. Balkrishna Agarwal and others, 289/85, Bharatlal Seth v. Municipal Council, Maharajpur; 354/85, Ramchani and others v. Ram Prasad Tiwari and 458/85, Smt. Ramsakhbai and another v. Santosh Kumar in which cases also the aforesaid questions have been referred to the larger Bench. This order will also dispose of Civil Revision No. 864/84, Ramnarayan and another v. Mahila Mohani Bai of the Gwalior Bench in which reference has been made because in an earlier order passed in that revision it was held that Division Bench decision of the Gwalior Bench in Gayaprasad v. Deepchand decided on 14-11-84 : (reported in 1985 Cur Civ LJ (MP) 91) is not applicable in present case. Therefore, when the matter came up before another learned single Judge he thought it necessary to refer this case to decide whether that decision will be applicable.

( 2 ) IN all these cases revisions have been preferred in the High Court against the appellate order of the District Judge/addl. District Judge affirming or vacating the interim injunction granted by the trial Court. In all these cases suits were filed in the Court of Civil Judges and temporary injunctions were sought. Against grant or refusal of temporary injunctions, appeals were preferred before District Judge/addl. District Judge. Section 115 of the Civil P. C. has been substituted by S. 4 of Civil P. C. (M. P. Amendment) Act, 1984, 1 No. 29 of 1984) which came into force from 14-8-1984 which is quoted hereunder :-"4. Substitution of S. 115 - For S. 115 of the principal Act, the following Section shall be substituted, namely :-115. Revision.- The High Court in cases arising out of original suits or other proceedings of the value of twenty thousand rupees and above, and the District Judge in any other case may call for the record of any case which has been decided by any Court subordinate to such High Court or District Judge, as the case may be, and in which no appeal lies thereto, and if such subordinate Court appears (a) to have exercised a jurisdiction not vested in it by law; or (b) to have failed to exercise a jurisdiction so vested; or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity; the High Court or the District Judge, as the case may be, make such order in the case as it thinks fit; provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the District Judge, the High Court alone shall be competent to make an order under this Section; provided further that the High Court or the District Judge shall not, under this Section vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceedings, except where, - (i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparableinjury to the party against whom it was made. Explanation.- In this Section, the expression 'any case which has been decided' includes any order deciding an issue in the course of a suit or other proceeding. "it may be mentioned that the provision is similar to the amended S. 115 of the Civil P. C. , the only difference being that instead of