CASE DETAILS v. ASHIYAL BEEVI

12 S.C.R. 697 : 2023 INSC 861 CASE DETAILS RAHIMAL BATHU & OTHERS v. ASHIYAL BEEVI (Civil Appeal No. 6232 of 2023) SEPTEMBER 26, 2023 [PAMIDIGHANTAM SRI NARASIMHA AND MANOJ MISRA, JJ.] HEADNOTES Issue for consideration: Whether a revision u/s.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. Code of Civil Procedure, 1908 – s.115 – Exercise of revisional powers: Held: Exercise of revisional powers cannot be claimed as of right – It is a discretionary power – Revisional Court is not bound to interfere merely because any of the three conditions, as laid down in s.115 for exercise of such power, is satisfi ed – The Court, exercising revisional powers, must bear in mind, inter alia whether it would be appropriate to exercise such power considering the interlocutory character of the order, the existence of another remedy to an aggrieved party by way of an appeal, from the ultimate order or decree in the proceeding, or by a suit, and the general equities of the case – Where an appealable decree has been passed in a suit, no revision should be entertained u/s.115 against an order rejecting on merits a review of that decree – The proper remedy for the party whose application for review of an appealable decree has been rejected on merits is to fi le an appeal against that decree and if, in the meantime, the appeal is rendered barred by time, the time spent in diligently pursuing the review application can be condoned by the Court to which an appeal is fi led – In the present case, the revision of the respondent-plaintiff against rejection of her application for review of an appealable decree ought not to have been entertained by the High Court – Impugned judgment and order of the High Court set aside. [Paras 21, 28 and 29] 697 698 SUPREME COURT REPORTS [2023] 12 S.C.R. Code of Civil Procedure, 1908 – Or. XLVII, rr.1, 4(2), 7; Or. XLIII, r.1(w): Held: From the provisions of Or.XLVII of the CPC it is clear that an order rejecting a review application is not appealable. [Para 19] Code of Civil Procedure, 1908 – s.115; Or. XLI, r.22 – Reasons for revisional court not to entertain a revision against an order rejecting on merits an application for review of an appealable decree – discussed. LIST OF CITATIONS AND OTHER REFERENCES