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Judgment
A.K. Gohil, J.—No revision is maintainable against the rejection of amendment application which is an interlocutory order. The Trial Court has also rejected the application filed Under Order VII Rule 11 of the Code about the maintainability of the suit. The husband has filed suit for declaration that he has obtained divorce as per the prevailing custom in his caste which is fully established. The Trial Court has held that such a suit is maintainable placing reliance on the decision in the case of P. Mariammal Vs. Padmanabhan,
Learned Counsel for respondent submitted that this Court has also taken similar view in the order passed on 7.8.2002 in Civil Revision No. 160 of 2002, Sandhya @ Divya and Ors. v. Dinesh Kushzvaha.
Accordingly it is held that the suit is maintainable and the Trial Court has rightly rejected the objections filed on behalf of the applicants/defendants.
Consequently this revision has no merits and is hereby dismissed with no order as to costs. Trial Court record be returned back immediately. Both the parties are directed to appear before the Trial Court on 7.10.2002 for further proceedings in the suit. In view of the aforesaid order, M.(C)P. No. 300/2002 stands disposed of.
C.C. to both in 3 days on payment of usual charges.