Review under civil procedure code
Querist :
Anonymous
(Querist) 04 October 2011
This query is : Resolved
As per Sec- 114 an Review lies where there is no Appeal lies against the Judgement ,is this is the Appeal against Decree i.e as provided under sec 96 to 99A or Second Appeal i.e Appeal against Judgement of High Court or it can be against the decision of Appeal in Supreme Court.
It is a Question raised in jwala Prashad Versus Jwala bank decided by Allahabad High court in 1961 but after that i not find any suitable or latest authorities and neither able to get my query answered. so it will be a favor for me, If LCI Experts help me in that
R.Ramachandran
(Expert) 04 October 2011
Dear Anonymous,
Please tell as to what is your profile before your query could be answered.
kuldeep kumar
(Expert) 04 October 2011
review lies in both cases appeal allowed or not alowed by cpc.anything short of less than final order is subject to reviewing powers.
kuldeep kumar
(Expert) 04 October 2011
anything short of less than final order means its intelocutory not final so review is not available.
Querist :
Anonymous
(Querist) 04 October 2011
Ramachandaran Sir, i am Arun Shokeen and i have my profile on LCI and Kuldeep g ,my query is the word where Appeal not lies , in that the Appeal word denotes Appeal against decree, Appellate Decree or what kind of.
prabhakar singh
(Expert) 04 October 2011
"As per Sec- 114 an Review lies where there is no Appeal lies against the Judgement" IS A MISLEADING SENTENCE.There are three situation laid for review::
a]where appeal lies from a decree or order but has not been preferred;
b]where no appeal from a decree is allowed;
c] by a decision on a reference from a Court of Small Causes.
with reference to section 96 CPC ,cases where decree is passed and appeal is provided but no appeal has been preferred section 114[a]can be invoked for review.
s.114[b]will deal a case that may arise in view of section 97CPC and alike situation arising any where in the code.
s.114[c]will be attracting decrees passed by references made by a small causes court.
prabhakar singh
(Expert) 04 October 2011
"As per Sec- 114 an Review lies where there is no Appeal lies against the Judgement" IS A MISLEADING SENTENCE.There are three situation laid for review::
a]where appeal lies from a decree or order but has not been preferred;
b]where no appeal from a decree is allowed;
c] by a decision on a reference from a Court of Small Causes.
with reference to section 96 CPC ,cases where decree is passed and appeal is provided but no appeal has been preferred section 114[a]can be invoked for review.
s.114[b]will deal a case that may arise in view of section 97CPC and alike situation arising any where in the code.
s.114[c]will be attracting decrees passed by references made by a small causes court.
Raj Kumar Makkad
(Expert) 04 October 2011
I completely ratify the views of prabhakar singh.
Sailesh Kumar Shah
(Expert) 06 October 2011
I also ratify the views of Shri prabhakar singh.
Querist :
Anonymous
(Querist) 06 October 2011
114. Review.
Subject as aforesaid, any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Court, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Sir , i also know the Sec 114 but my question is "is it restricted only to Sec- 96" and not sec 100 or Sec 109 or Letters Patent Appeal
Sir i am not raising question over your answer but when you says, under Sec 96 part one i.e 114 a covers, Sir under Sec 96 (4) is a ground where no appeal lies, as because of Amount limitation and under Sec 96 (3) a consent decree is also non appealble .
Under Sec 102 a Appealate decree below the amount of 25000 /- non appealble
Sir i already mention case law in which Honoble high Court raised the Question.
