Single judge held the civil revision against an appellate order is not maintainable as such orders are not revisable under Section 115 CPC, following Jupiter Chit Funds case.
Revision dismissed as not maintainable.
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Court No. - 9
Case :- CIVIL REVISION DEFECTIVE No. - 45 of 2018
Revisionist :- Rajpali Opposite Party :- Virendra And 4 Others Counsel for Revisionist :- Vishesh Kumar,Bimla Prasad
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist.
This revision is reported as defective in the absence of the certified copy of the formal order.
However this Court finds that the order impugned had been filed at the appellate stage in a civil appeal.
The order aforesaid is not revisable under Section 115 CPC in view of the Full Bench decision of this Court in Jupiter Chit Funds vs. Dwarka Diesh & Ors. : AIR 1979 ALL 218 which holds that any order passed at the appellate stage is not revisable.
The revision is, therefore, dismissed as not maintainable.
Digitally signed by ANJANI KUMAR MISHRA ANJANI DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885 Order Date :- 29.5.2018 KUMAR bf64ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85dbdc71f5b0ec1e2f0938431e25dbbadc93823915b36c6f, CN=ANJANI KUMAR MISHRAReason: I am the author of this document MISHRA Location: Date: 2018-05-29 14:50:16 Priyanka
1 issue framed by the court
Whether the impugned order, filed at the appellate stage in a civil appeal, is revisable under Section 115 CPC.
Colour shows how this judgement treated each authority
Jupiter Chit Funds vs. Dwarka Diesh & Ors.Relied on¶8
Jupiter Chit Funds vs. Dwarka Diesh & Ors. : AIR 1979 ALL 218 · Who else cites this
1 provisions across 1 enactments
Rajpali
Virendra And 4 Others
Anjani Kumar Mishra
As recorded by the court registry
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