L. N. MITTAL, J. (Oral) :
This is application for review of order dated 30.03.2010 passed by this Court, whereby revision petition filed by applicant-petitioner was dismissed.
Learned counsel for the applicant-petitioner vehemently contended that amended provision of Order 17 Rule 1 of the Code of Civil Procedure (in short CPC) is not applicable to the instant suit, which was instituted before the introduction of the said provision by amendment. Reliance in support of this contention has been placed on a judgment of this Court in the case of Joginder Kaur vs. Ravi Kumar reported as 2006 R. A. No. 85-C-II of 2010 in 2 C. R. No. 5815 of 2009
(4) R. C. R. (Civil) 539. The contention is completely misconceived. Judgment in the case of Joginder Kaur (supra) relates to amended provision of Order 6 Rule 17, which has expressly been excluded from its applicability to the pending suits by the Amendment Act itself. However, Order 17 Rule 1 CPC as amended is applicable to pending suits also. No ground for review of order is made out within the parameters of Order 47 Rule 1 CPC. Review application is completely misconceived and devoid of merit.
Dismissed.
