Heard Mr. Rathod, ld. advocate for the petitioner original plaintiff. He took me through the application & documents attached there to as well as order under challenge passed below application Ex. 62 dtd. 17th July, 2000. It is his contention that ld. Judge has unnecessarily while rejecting the application for recasting the issue has observed that by filing such application delay tactics has been adopted & further that the application was filed at a belated stage when earlier application was rejected. & further the ld. Judge has warned the plaintiff for filing such application in future. While considering order under challenge it is true that parties have every right to move application & Court is required to decide the same in accordance with law. Therefore observation made by the ld. Judge while rejecting the application are unwarranted. However looking to the challenge of the order, this is not a matter wherein this Court has to exercise my revisional Powers u/s 115 of C.P.C. Accordingly, Revision Application is rejected.
Dt.2.4.2002[D.K.TRIVEDI,J.]