1 C.R.No.1084/02 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 Judge. 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. FRBOHRA,JR.P.A.