RAM SURAT RAM (MAURYA), J. - (1.) Heard Sri Murli Dhar Mishra, the counsel for the revisionists, on the maintainability of the revision.
(2.) This revision has been filed under Section 115, C.P.C. from the order of Additional District Judge dated 16.03.2017, rejecting the amendment application for amending the plaint, filed by the revisionists (who are the plaintiff - appellants), in Civil Appeal No. 36 of 2016 (arising out of O.S. No. 332 of 1998).
(3.) Section 115 C.P.C. as amended by U.P. Act No. 31 of 2003, w.e.f. 01.07.2002 is quoted below:- "Section 115. Revision.- (1) A superior court may revise an order passed in a case decided in an original suit or other proceeding by a subordinate court where no appeal lies against the order and where the subordinate court has- (a) exercised a jurisdiction not vested in it by law; or (b) failed to exercise a jurisdiction so vested; or (c) acted in exercise of its jurisdiction illegally or with material irregularity. (2) A revision application under sub-section (1), when filed in the High Court, shall contain a certificate on the first page of such application, below the title of the case, to the effect that no revision in the case lies to the district court but lies only to the High Court either because of valuation or because the order sought to be revised was passed by the district court. (3) The superior court shall not, under this section, vary or reverse any order made except where,- (i) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding; or (ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it is made. (4) A revision shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by the superior court. Explanation I.- In this section,- (i) the expression 'superior court' means- (a) the district court, where the valuation of a case decided by a court subordinate to it does not exceed five lakh rupees; (b) the High Court, where the order sought to be revised was passed in a case decided by the district court or where the value of the original suit or other proceedings in a case decided by a court subordinate to the district court exceed five lakh rupees; (ii) the expression 'order' includes an order deciding an issue in any original suit or other proceedings. Explanation II- The provisions of this section shall also be applicable to orders passed, before or after the commencement of this section, in original suits or other proceedings instituted before such commencement." ;