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BUNDA KHAN v KAMAL PRAKASH - CR Case No. 1084 of 2002  RD-RJ 2837 (21 November 2006)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR
S.B. CIVIL REVISION PETITION NO.1084/2002
Bunda Khan Vs. Kamal Prakash
DATE OF ORDER :: 21/11/2006
HON'BLE MR. JUSTICE AJAY RASTOGI
Mr. B.L. Mandhana, for petitioner
Mr. S.K. Singodiya, for respondent
Instant revision petition has been filed against the order dated 23rd July, 2002 whereby the application filed by the defendant-petitioner under
O.9 R.13 CPC was rejected by the learned trial
Counsel for respondent has raised preliminary objection that in view of amendment made u/s.115
CPC, the present revision petition is not maintainable.
Counsel for petitioner has opposed his request, but I find that in view of amendment made, which has been considered by the Apex Court in Shiv Shakti
Coop. Housing Society Vs. Swaraj Developers [AIR 2003 SC 2434], the present revision petition is not maintainable, the same stands dismissed. However, the petitioner will be at liberty to avail remedy available to him under law. [AJAY RASTOGI],J.
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