Damayanti (Unemployed) 24 February 2013

If order neither appealable nor reviewable nor revisionable?

If an Order passed (rather dismissal of an Application), which is in a civil suit at Original Jurisdiction, is deemed as if neither Appealable (no appeal lies vide CPC) nor reviewable (no review lies vide Sec. 114 of CPC) nor revisionable (no revision lies vide S. 115 of CPC), then doesn't it contravene ........................

the constitutional right

the legal right to pursue further recourse to Ordrinary remedy in higher forums?

Can the finality of a decision be sealed at the Original Jurisdiction itself?

If such situation arises, then doesn't it contravene the part III / Article 13 and Article 14 of the constitution (that Original Jurisdiction or lower court behaving in an utterly arbitrary manner and creating an area of arbitrariness)

Very urgent query .

Please advise.

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3 Replies

Daksh (Student) 24 February 2013

Ms.Damayanti,

In my humble view original side practice is regulated by C.P.C. and High Court Rules I think it is highly improbable the preposition put forth by you in the post under reply. In absence of the factual matrix it is not feasible to reply to your query. If you have any reservation in sharing your facts in post I can suggest you to write PM for the same.

Thanks and best regards

Daksh

S P SRIVASTAVA (ADVOCATE) 25 February 2013

Dear Damayanti,

I feel and understand that under law of land one is not remedyless. Every case has its own pecular facts and circumstabces and based upon that law/ principles/ rules are applied.In your situation, If you dont mind may send the details of the matter through PM to enable me to respond you properly.

S. P. SRIVASTAVA

Rajendra Shrivastava (advocate) 04 March 2013

if your valueble right have been infringed and order is arbitary then you can challeng it by presenting writ petition before high court under article 227 oe constitution of india.