ATTAU RAHMAN MASOODI, J. - (1.) Heard Sri Subhash Vidyarthi, learned counsel for the revisionist and Sri Mukund Tiwari, learned counsel who has put in appearance on behalf of Lucknow Development Authority as well as the State.
(2.) This Civil Revision filed under Section 115 of Code of Civil Procedure (CPC) has indisputably arisen from an order passed by the court below on an application filed under Order 6, Rule 17 CPC at the appellate stage. The trial court dismissed the suit on 22.9.2009 where against civil appeal no. 219 of 2009 was filed by the appellant. Thereafter against rejection of the application filed under Order 6, Rule 17 in the appeal by the impugned order, this civil revision has been filed.
(3.) Learned counsel for the opposite parties at the very outset have raised an objection against the maintainability of present revision under Section 115 of CPC on the ground that entertaining such a revision before this Court would be hit by the principle of law enunciated by this Court in Full Bench decision rendered in the case reported in AIR 1979 All 218 [Jupiter Chit Fund (Pvt.) Ltd. v. Dwarka Diesh Dayal and Ors.] as upheld by the apex court in the case of Vishnu Awatar v. Shiv Autar and Ors. reported in AIR 1989 SC 1575.;