Appeal of an order passed under order 47 rule 1,2 cpc

Querist : Anonymous (Querist) 06 April 2024 This query is : Resolved
Is it possible to file an appeal in higher court against an order which is passed by a lower court judge for reviewing an earlier order under order 47 rules 1 & 2 cpc ?

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This discussion clarifies whether an appeal can be filed against a lower court's order that reviews a previous decision under Order 47 Rules 1 & 2 of the CPC. While a direct appeal against the dismissal of a review petition is generally not permitted, you may still be able to appeal the original judgment or decree. The Supreme Court case of Rahimal Bathu & Others vs. Ashiyal Beevi is cited to support this, indicating that while the review rejection might not be directly appealable, the original decree remains open for appeal, potentially with a delay condonation application.

T. Kalaiselvan, Advocate (Expert) 06 April 2024
Rule-1/Order XLVII: Sec. 114 of CPC Order XLVII deals with review. Judgment can be reviewed on grounds of mistake of fact or error or mistake of law on the fact of record—APPARENT MISTAKES; When the important evidence is discovered, not within the knowledge of party concerned.
The section also allows the court to review its own order if it is satisfied that there is some new and important matter or evidence which was not within the knowledge of the party seeking the review at the time of the original hearing, or that there was some mistake or error which needs to be rectified.

P. Venu (Expert) 08 April 2024
No appeal lies against an Order dismissing a a review petition. However, appeal could be filed against the Original Judgment/Decree. It has been held be the Supreme Court in the case of Rahimal Bathu & Others vs. Ashiyal Beevi.
"29. In view of our conclusion above, the revision of the respondent against rejection of her application for review of an appealable decree ought not to have been entertained by the High Court. The appeal is, therefore, allowed. The impugned judgment and order of the High Court is set aside.

30. However, this will not affect the right of the plaintiff/respondent to file an appeal against the decree of the trial court along with an application to condone the delay, if any, in filing the appeal. Parties to bear their own costs."

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