S.B.CIVIL REVIEW PETITION NO.13/2008 (M.P.Jain vs. Raj Kumari Sidhi Kumari & Ors.) DATE OF ORDER : 21/4/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Manish Shishodia, for the petitioner. Mr.B.K.Vyas, for the respondent. This review petition is directed against the order dated 4/9/2008. Learned counsel for the review petitioner submits that the revision petition itself was not maintainable against the impugned order of learned trial court dated 28/9/2007 as it was an interlocutory order passed in the proceedings under Order 39 Rule 2 A CPC. However, this Court allowed the revision petition and set aside the order dated 28/9/2007. Learned counsel for the review petition further submits that after the amendment of Section 115 CPC by inserting proviso therein and Supreme Court decision in Shiv Shakti Co-op. Housing Society vs. M/s Swaraj Developers & ors – AIR 2003 SC 2434 & Surya Dev Rai vs. Ram Chander Rai & Ors. - AIR 2003 SC 3044, the revision petition could not have been allowed to be maintainable and, therefore, the impugned order dated 4/9/2008 under review deserves to be recalled. Having heard the learned counsels, this Court finds force in the submissions made by review petition. Accordingly, the order dated 4/9/2008 is recalled. The petitioner in the revision petition – Raj Kumari Sidhi Kumari etc., who are respondents in the present review petition, shall, however, be at liberty to challenge the order of trial court dated 28/9/2007 in appropriate proceedings. The review petition is disposed of accordingly. (DR.VINEET KOTHARI), J. item no.13 baweja/-