The main legal point established in the judgment is that revision lies against an interlocutory order if it affects the rights of the parties and causes a miscarriage of justice. The amendment made in Section 115 of CPC does not affect the provision of Section 23-E in any manner.

( 1 ) THIS reference has been made by the learned single Judge Hon'ble Shri Justice S. K. Pandey on the question whether revision under Section 23-E of M. P. Accommodation Control Act, 1961 (hereinafter to be referred to as "the Act") lies against an interlocutory order passed in a proceeding under Section 23-A of the Act as the High Court exercises the same power and follow the same procedure as prescribed under Section 115 of Code of Civil Procedure, in view of the amendment made in Section 115 of CPC by Amendment Act of 1999 by which a proviso has been inserted in Section 115, CPC that High Court shall not, under this section, vary or reverse an order made, or any order deciding an issue, in the course of a suit or proceeding or except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings.

( 2 ) IT was submitted before the Single Bench that revision against interlocutory order is not maintainable under Section 23-E considering that the question of law of immense importance has arisen, which may involve reconsideration of the decision in Smt. Tara Bai v. Second ADJ, Gwalior, AIR 1990 MP 167, hence the case has been referred.

( 3 ) IT was submitted by Shri Alok Aradhe, appearing on behalf of petitioner that the provision which has been incorporated in Section 23-E of the Act is an independent provision and any amendment made in Section 115, CPC, is not going to affect the provision engrafted under Section 23-E by the Legislature. His submission is when any provision has been engrafted by reference, its repeal or amendment does not affect as the provision has to be treated independent one. He has further submitted that there is distinction between jurisdiction, power and procedure. The jurisdiction conferred under Section 23-E, is independent whereas the jurisdiction conferred under Section 115, CPC has been curtailed. Thus revision lies against interlocutory order, which decides the rights of the parties, which is distinguishable from purely interim order. He has also submitted that power under Section 23-E is wider than the power conferred under Section 115 of CPC. Until and unless amendment is made in Section 23-E of the Act, the jurisdiction cannot be curtailed to entertain and hear the revision under Section 23-E of the Act.

( 4 ) SHRI A. K. Jain, learned counsel appearing on behalf of respondents, refuting the submissions contended that the word "order" in the first part of Section 23-E means final order not an interlocutory one. It is provided in Section 23-E that High Court shall follow as far as possible the same power and procedure. He has also submitted that amendment to the CPC is applicable as it deals with the power and procedure. He has further submitted that only a facility has been granted to special category of landlords to approach the Rent Controller, thus they should be treated at par. Thus, this Court should give a purposive interpretation to Section 23-E by applying the amendment. It be held that revision against interlocutory orders is not maintainable, in case it does not finally disposes of suit or other proceedings in case it was passed in favour of revisionist.

( 5 ) IN order to appreciate the rival submissions, it is necessary to consider the ambit and scope of Section 23-E of the Act to what extent it is independent and regulated by Section 115 of CPC. Section 23-E of the Act is quoted below :-23-E. Revision by High Court - (1) Notwithstanding anything contained in Section 31 or Section 32, no appeal shall lie from any order passed by the Rent Controlling Authority under this Chapter. (2) The High Court may, at any time "suo motu" or on the application of any person aggrieved, for the purpose of satisfying itself as to the legality, propriety or correctness of any order passed by or as to the regularity of the proceedings of the Rent Controlling Authority, call for and examine the record of th