RAHIMAL BATHU & OTHERS versus ASHIYAL BEEVI

RAHIMAL BATHU & OTHERS versus ASHIYAL BEEVI

Where an appealable decree has been passed in a suit, a revision under Section 115 CPC should not be entertained against an order of the subordinate court rejecting on merits an application for review of that decree; the aggrieved party's proper remedy is to file an appeal against the decree and, if delayed, seek condonation of time spent pursuing review.

Parties
Appellant: Rahimal Bathu & Others; Respondent: Ashiyal Beevi
Jurisdiction
India
Judgment Date
26 September 2023
Procedural Posture
Civil Appeal / Appeal to the Supreme Court Against the High Court Judgment and Order Dated 12.09.2017 in CRPNP No. 1342 of 2007
Outcome
Appeal allowed.
Legal Topics
Revision Under Section 115 CPC, Review Under Order XLVII CPC, Appealability of Orders Rejecting Review, Discretionary Nature of Revisional Powers, Merger of Decrees and Effect on Appellate Rights
Civil Procedure Revision Under Section 115 CPC Review Under Order XLVII CPC Appealability of Orders Rejecting Review Discretionary Nature of Revisional Powers Merger of Decrees and Effect on Appellate Rights

Case Brief

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Parties

Rahimal Bathu & Others

Appellant

Ashiyal Beevi

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court Against the High Court Judgment and Order Dated 12.09.2017 in CRPNP No. 1342 of 2007

Legal Issues

  1. 1 Whether a revision under Section 115 CPC is maintainable against an order of the subordinate Court rejecting on merits an application for review of an appealable decree passed in a civil suit.

Ratio Decidendi

Where an appealable decree has been passed in a suit, a revision under Section 115 CPC should not be entertained against an order of the subordinate court rejecting on merits an application for review of that decree; the aggrieved party's proper remedy is to file an appeal against the decree and, if delayed, seek condonation of time spent pursuing review.

Court Disposition

Appeal allowed.

Orders

  • Impugned judgment and order of the High Court dated 12.09.2017 in CRPNP No. 1342 of 2007 set aside.
  • This does not affect the right of the plaintiff/respondent to file an appeal against the decree of the trial court and to apply for condonation of delay, if any, in filing the appeal.