REKHA MUKHERJEE versus ASHIS KUMAR DAS AND ORS.

REKHA MUKHERJEE versus ASHIS KUMAR DAS AND ORS.

Once a review petition has been filed and partly allowed, it is not open to appeal against the entire original decree; only that part unaffected by review may be appealed; High Court erred in entertaining the substantive appeal against the original decree after partial review.

Parties
Appellant: Rekha Mukherjee; Respondent: Ashis Kumar Das
Jurisdiction
India
Judgment Date
03 March 2005
Procedural Posture
Civil Appeal / Final Determination of Maintainability of Appeal After Review
Outcome
Appeals allowed; impugned judgments set aside.
Legal Topics
Review and Appeal, Specific Performance, Execution of Decree, Thika Tenancy
Civil Procedure Property Law Review and Appeal Specific Performance Execution of Decree Thika Tenancy

Case Brief

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Parties

Rekha Mukherjee

Appellant

Ashis Kumar Das

Respondent

Procedural Posture

Civil Appeal / Final Determination of Maintainability of Appeal After Review

Legal Issues

  1. 1 Whether the High Court was justified in entertaining the first appeal by the respondents against the original judgment and decree after partial allowance of review.
  2. 2 Scope of review and appeal under CPC concerning the decree in a suit for specific performance.

Ratio Decidendi

Once a review petition has been filed and partly allowed, it is not open to appeal against the entire original decree; only that part unaffected by review may be appealed; High Court erred in entertaining the substantive appeal against the original decree after partial review.

Court Disposition

Appeals allowed; impugned judgments set aside.

Orders

  • Decree in the title suit is enforceable.
  • No order as to costs.