Lrs of Chandmal v. Tara Devi
Case brief
What is this about?
The High Court held a revision petition against a judgment converting a suit into a Section 151 application and declaring a compromise decree void was not maintainable. However, the petition was allowed to be converted into a regular first appeal upon deposit of court fee.
What did the court decide?
The revision petition is permitted to be converted into a regular first appeal upon deposit of court fee difference and filing of amended cause title within two days.
What the court decided
A compact analysis
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.
[2023:RJ-JD:31835]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 163/2023
- Chandmal, S/o Shri Dhanraj Bhagchar, Resident Of Bhilwara, Presently Ahmedabad (Gujarat), (Since Deceased) Through his Legal Representatives :
1/1. Smt. Sushila W/o Late Shri Chandmal Bagchar, Aged About 75 Years, Resident Of 7 Goverdhan Pura, Narayan Pura, Behind Ladli Showroom, Ahmedabad (Gujarat)
1/2.Kamlesh S/o Late Shri Chandmal Bagchar, Aged About 53 Years, Resident Of 7 Goverdhan Pura, Narayan Pura, Behind Ladli Showroom, Ahmedabad (Gujarat)
1/3.Gautam S/o Late Shri Chandmal Bagchar, Aged About 51 Years, Resident Of 7 Goverdhan Pura, Narayan Pura, Behind Ladli Showroom, Ahmedabad (Gujarat)
1/4.Mukesh @ Vardhman S/o Late Shri Chandmal Bagchar, Aged About 49 Years, Resident Of 7 Goverdhan Pura, Narayan Pura, Behind Ladli Showroom, Ahmedabad (Gujarat)
1/5.Dinesh S/o Late Shri Chandmal Bagchar, Aged About 47 Years, Resident Of 7 Goverdhan Pura, Narayan Pura, Behind Ladli Showroom, Ahmedabad (Gujarat)
1/6.Siddharth S/o Late Shri Chandmal Bagchar, Aged About 45 Years, Resident Of 7 Goverdhan Pura, Narayan Pura, Behind Ladli Showroom, Ahmedabad (Gujarat) 1/7.Smt. Son (Correct Name Is Monal) D/o Late Shri Chandmal Bagchar, Aged About 42 Years, W/o Mewari Gate Ke Pass (F.c. Wale), Beawar (Raj.)
Issues for consideration
2 issues framed by the court
Whether a revision petition filed against a judgment converting a civil suit into an application under Section 151 CPC and declaring a compromise decree void is maintainable under Section 115 CPC.
Whether the petitioners can convert the revision petition into a regular first appeal.
Parties & counsel
- petitioner
Chandmal (Since Deceased) Through Legal Representatives
- respondent
Smt. Tara Devi W/o Shri Parasmal Runiwal
Coram
Rekha Borana
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · September
- Registered
- Case no.
- CR/163/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court