REGENT COMPUTRONICS PVT. LTD.

PHARIYA BRICKS WORKS (FIRM) Appellant

V/S

MALVENDRA SINGH AMAR SINGH Respondents

Referred Judgements :-

MANBHAWATI [REFERRED TO]
KIRAN SINGH VS. CHAMAN PASWAN [REFERRED TO]
MAJOR S S KHANNA IN BOTH THE APPEALS VS. BRIG F J DILLON IN BOTH THE APPEALS [REFERRED TO]
BALDEV DAS SHIVLAL VS. FILMISTAN DISTRIBUTORS INDIA PRIVATE LIMITED [REFERRED TO]
VISHESH KUMAR VS. SHANTI PRASAD [REFERRED TO]
VISHNU AWATAR SMT KAUSHALYA DEVI KARAN SINGH VS. SHIV AUTAR:SUSHILA DEVI:DESRAJ SINGH [REFERRED TO]
GURMAUJ SARAN BALUJA VS. JOYCE C SALIM [REFERRED TO]
ABDUL GHAFOOR VS. ABDUL RAHMAN [REFERRED TO]
JAGMANSINGH VS. HEMSINGH [REFERRED TO]
PIRBUX VS. BABULAL [REFERRED TO]
RAMCHANDRA VS. DATTATRAYA [REFERRED TO]
BAL KISHAN VS. TULSA BAI [REFERRED TO]
AJITSINGH VS. BHAGWANLAL MASTER [REFERRED TO]
RAMESHCHANDRA SHARMA VS. HARGOVIND JAWARLAL MAHAJAN [REFERRED TO]
BHANU PRAKASH AGRAWAL VS. ROOP CHAND [REFERRED TO]
JAGESHWAR PRASAD RAIDAS VS. M P STATE ELECTRICITY BOARD [REFERRED TO]
FULCHAND KHANDELWAL VS. RAMESHWAR LAL SATNALIWALA [REFERRED TO]
SATYANARAYAN HIRALAL VS. CHOTELAL ONKAR PRASAD [REFERRED TO]
RATANLAL JANKIDAS AGARWAL VS. GAJADHAR [REFERRED TO]

JUDGEMENT

(1.) IN this Reference, we are required by the learned Single Judge to answer the following two questions framed by him:

(2.) INDEED, the learned Judge (R. C. Lahoti, J.) was confronted with the question of maintainability of revision and decisions were cited before him by both sides. He found conflicting views expressed by this Court in the decisions cited and felt compelled to make a Reference. As regards facts, suffice to say this much for the purpose of disposal of this Reference that in the revision, an order passed by learned Additional District Judge under Order 41, Rule 3a, Civil Procedure Code was challenged. By that order, the Court below had allowed the application of the defendant/appellant made under section 5, Limitation Act; and delay in filing the appeal was condoned. Evidently, that appeal is awaiting final decision on merits.

(3.) SECTION 115, Civil Procedure Code has been amended locally by M. P. Act No. 29 of 1984. Indeed, the following provision has been substituted in its place:

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PHARIYA BRICKS WORKS FIRM Vs. MALVENDRA SINGH AMAR SINGH

Referred Judgements :-

JUDGEMENT

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