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2003 Supreme(SC) 474

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Shiv Shakti Coop. Housing Society, Nagpur – Appellant
Versus
Swaraj Developers – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. A short but important question of law involving effect of amendment to Section 115 of the Code of Civil Procedure, 1908 (in short the Code ) is involved in these appeals. Since the answer to the question does not involve any factual adjudication, a brief reference thereto would suffice.

3. By Section 12(i) of the Code of Civil Procedure (Amendment) Act, 1999 (in short the Amendment Act ) operative from 1.7.2002, amendments were made to Section 115 of the Code. In all these appeals, the concerned High Courts held that because of amended Section 115, the revision filed before them was not maintainable, as had an order been passed in favour of the party applying for revision, same would not have finally disposed of the suit or other proceeding.

4. It has been contended by learned counsel for the appellants that the High Court went wrong in disposing of the revision applications as not maintainable, on several grounds. They are (i) the amended provisions do not apply to petitions which were admitted before the amendment, (ii) appeals and revisions stand on a parallel footing and are vested rights in the appellant/applicant, as the case may be




























































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