The High Court dismissed an appeal against an order refusing to grant a review, holding that under Order XLI Rule 1(w) CPC, an appeal lies only from an order granting a review application.
Appeal and connected application dismissed with liberty to pursue remedy before appropriate jurisdiction.
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08.12.2022 KC(5)
F.M.A. 1320 of 2022 Ashok Kumar Gupta and Anr.
-versus-
Tara Gupta and Ors. With CAN 1 of 2022
Mr. Krishna Das Poddar, Ms. Debaleena Chatterjee...……….For the appellants.
Mr. Aniruddha Chatterjee, Mr. Rahul Karmakar, Mr. Abir Lal Chakravarti………….For the respondents.
Aggrieved by the order passed in a review application, the appellants prefer this appeal. The part of the order which is challenged before us relates to refusal by the learned court below to review the said part of its order.
The point of maintainability taken by Mr. Chatterjee, learned advocate for the respondents succeeds inasmuch as under Order XLI Rule 1(w) of the Code of Civil Procedure, an appeal lies only from an order granting an application for review.
Hence, this appeal and the connected application are dismissed with liberty to the appellants/petitioners to pursue their remedy, if any, against the impugned order before an appropriate jurisdiction.
(I.P. MUKERJI, J.)
(BISWAROOP CHOWDHURY, J.)
2
1 issue framed by the court
Whether an appeal is maintainable from an order refusing to grant a review of a judgment.
1 provisions across 1 enactments
Ashok Kumar Gupta and Anr.
Tara Gupta and Ors.
I.P. Mukerji
Biswaroop Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
