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Report No. 163

12. Amendment of section 115.-

In section 115 of the principal Act, in sub-section (1),

(i) for the proviso, the following proviso shall be substituted, namely:-

"Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding.";

(ii) after sub-section (2), but before the Explanation, the following sub-section shall be inserted, namely:-

"(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.".

The Code of Civil Procedure (Amendment) Bill, 1997 Back

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