- (1.) PRESENT Civil Revision has been filed mentioning therein that revisionist Ram Narain Chaurasia and respondent No. 1 to 9 are members of joint undivided Hindu family and further entire property has been purchased for joint business at three places. Rama Shanker Chaurasia died on 15. 06. 2002. Ram Narain Chaurasia filed Original Suit No. 863 of 2005 against respondent no. 1 to 5 for cancellation of will deed dated 07. 02. 2005 and permanent injunction. It has been stated that thereafter trial court passed order not to sale any of the properties. Revisionist submits that in spite of injunction order was there House No. 46/53 has been sought to be sold by entering in agreement of sale and Rs. 10,00,000/- (ten lac) has been received as earnest money. Thereafter an application was moved under Order 39 Rule 7 of Code of Civil Procedure for issuing direction that amount in question which has been received same be kept in some Nationalized Bank. Said application was objected to by filing objection on 15. 07. 2008. Against the said order in question present Civil Revision has been filed.
(2.) FIRST question to be adverted to is as to whether present Civil Revision filed under Section 115 of C. P. C. is maintainable or not ? at this juncture it would be relevant to refer the original text of Section 115 of CPC as stood present under the Central Act as well as after U. P. Amendment Act, 2003, which are being quoted below :-Central Amendment Act to Section 115 of Code of Civil Procedure- "115. Revision.- [ (1)] The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested in it by law or (b) to have failed to exercise a jurisdiction so vested or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit: provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceedings, 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) the High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto. (3) 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 High Court. Explanation.-In this section, the expression any case which has been decided" includes any order made, or any order deciding an issue, in the course of a suit or other proceedings. "
(3.) U. P. State Amendment to Section 115, CPC as incorporated in 2003 "115. Revision.- [ (1)] A superior court may revise an order passed in a case decided in an original suit or other proceedings 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 the 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 twhere 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. ";