- (1.) B. K. Rathi, J. I have heard Shri C. P. Dwivedi, learned Counsel for the applicant.
(2.) REQUEST is for transfer of Civil Revision No. 342 of 1999 pending in the Court of Special Judge, Jaunpur to High Court. The request has been made in the following circumstances. This revision arises out of the Suit No. 619 of 1984 and was filed in the Court of District Judge, Jaunpur prior to 1-7-2002 and was admitted and has been transferred to the Court of Special Judge, Jaunpur and is pending for decision. An amendment has been made in CPC which has been enforced w. e. f. 1-7-2002 and after considering the amendments in Civil Revision No. 92 of 2002, United Service Club & Others v. Anita Barlow & Others, decided on 16-9-2002, I recorded a finding that after 1-7-2002, the revision under Section 115 CPC cannot be entertained by the District Judge. However, this revision was filed before 1-7-2002 and there is no finding in the above judgment regarding the revisions instituted prior to that date.
(3.) IT has been contended by the learned Counsel that the learned Additional Judge before whom the Revision is pending has expressed his opinion that in view of the above judgment the revision cannot be decided by him. IT is contended that for this reason the Additional District Judge refused to extend the stay order and was going to dismiss the revision but it was not dismissed on the request of the appellant that he want to move an application for transfer. IT is further contended that one revision has been dismissed on this ground on 30-9-2002, by the District Judge, Jaunpur, the photocopy of the order has been annexed. IT has therefore, been argued that if the Additional District Judge has no jurisdiction to decide the revision it may be recalled to the High Court and be decided. The question, therefore, that arise is whether the revisions filed under Section 115 CPC prior to 1-7- 2002 can be heard and decided on merits by the District Judge.;