IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 1575 of 1997 For Approval and Signature: HON'BLE MR.JUSTICE P.B.MAJMUDAR ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- DEVJI NARAN BHUDIA THRO'P.O.A.ARJAN DEVJI BHUDIA Versus VELJI MAVJI DABASIA -------------------------------------------------------------- Appearance: 1. Civil Revision Application No. 1575 of 1997 MR MUKESH A PATEL for Petitioner No. 1 MR NV ANJARIA for Respondent No. 1 MR RM CHAUHAN, AGP for Respondent No. 2-3 MR HS MUNSHAW for Respondent No. 4-5 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE P.B.MAJMUDAR Date of decision: 03/03/2004 ORAL JUDGEMENT The petitioner is the original plaintiff of Regular Civil Suit No.28/1996, which is pending in the Court of Civil Judge (S.D.), Kutch-Bhuj. In the said suit, plaintiff gave an application Exh.5 for interim direction. The trial Court rejected the said application, against which the present petitioner preferred an appeal being Misc.Civil Appeal No.4/1997. The appellate Court also rejected the said appeal, against which this Civil Revision Application is preferred. 2) As this Civil Revision Application is preferred against an interlocutory order, in view of the amendment in Section 115 of C.P.C. such revision is not maintainable. Accordingly, this Civil Revision Application is rejected, as not maintainable. It is clarified that it will be open for the petitioner herein to challenge the impugned order of the appellate Court by filing a petition under Article 227 of the Constitution of India. 3) Subject to what is stated above this Civil Revision Application is rejected as not maintainable. Rule is discharged. No order as to costs. (P.B.Majmudar,J.) /malek