Petitioner challenged dismissal of his appeal against an eviction decree, which was rejected for a 460-day delay. The High Court held that under the proviso to Section 115(1) CPC, revision is not maintainable since allowing the petition would not have finally disposed of the appeal, and dismissed it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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ANOOP JADHAV .....Petitioner Through:
versus
GIRVER SINGH BISHT .....Respondent Through: Mr. Anubhav Dubey, Mr. S. Chaudhary, Advocates for Revisionist.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R % 07.11.2025
C.R.P. 284/2025 Page 1 of 3
This is a digitally signed order.
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“115-Revision.— [(1)] The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears—
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit:
[ Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings .]
[(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.
[(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.]
Explanation.—In this section, the expression “any case which has been decided” includes any order made, or any order deciding an issue in the course of a suit or other proceeding.].”
[Emphasis supplied.]
C.R.P. 284/2025 Page 2 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/11/2025 at 15:25:49
is dismissed leaving it open to the revisionist to take such remedies as available to him in law.
PRATEEK JALAN, J
NOVEMBER 7, 2025
‘Bhupi/JM’/
C.R.P. 284/2025 Page 3 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/11/2025 at 15:25:49
1 issue framed by the court
Whether a revision petition lies against an order dismissing an appeal on delay where entertaining the appeal would not finally dispose of the proceedings.
2 provisions across 2 enactments
Anoop Jadhav
Girver Singh Bisht
Prateek Jalan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
