To dismiss final decree petition in partition suit

Dear T. Kalaiselvan Sir, 

Your advice is very useful. I will check and recheck and verify and reverify the legal validity of any decision that we may take in this issue. Thank you very much for cautioniong me against taking any wrong decisions. 

Ever grateful to you, sir! Very grateful to all of you in this esteemed forum!

Regards, 

Krishna Kishore

You are welcome for your understanding.

You may take a second opinion from another lawyer in the local if you feel that the current lawyer is not advising you properly or correctly.

Your perception qua revision petition u/s 115 CPC and writ U/A 227 is other-way round and not as you have stated, inter alia, that,

"Civil Revision Petition can be filed in a High Court under Section 115 of the Code of Civil Procedure or it can be filed under Article 227 of the Constitution of India too. I guess when it is filed under Article 227 of the Constitution of India, it has a much wider scope and many more things can be done than when it is filed under Section 115 of CPC. "
 Please correct me, if you feel.

Dear T. Kalaiselvan Sir, 

I will surely take second opinion from another lawyer before deciding. Thank you very much for all your advice. 

Dear Dr. J. C. Vashista Sir, 

To the extent I understood as explained by my lawyer, both Section 115 of CPC and Article 227 of Constitution of India are for Civil Revision Petitions. 

Article 226 of Constitution of India is for Writ Jurisdiction. There are five types of Writs. They are usually against government authorities, as far as I understood. 

I searched in Google for "Revison under Section 115 and Article 227". The following are some of the statements from Google search results:

The power under Article 227 is wider than Section 115 CPC and allows High Courts to correct errors of law and procedure, as well as prevent injustice or abuse of power by subordinate courts. 

Section 115 of the Code of Civil Procedure (CPC) and Article 227 of the Constitution of India both deal with revisionary powers of superior courts, but they have different scopes and limitations. Section 115 CPC allows revisions against orders of subordinate courts that affect the finality of a case, while Article 227 provides broad supervisory jurisdiction to High Courts over all subordinate courts. High Courts can exercise their powers under Article 227 even if a remedy under Section 115 CPC is available, but they often prefer parties to exhaust statutory remedies first. 

Here's a more detailed explanation:

The revision under Section 115 is limited to cases where the subordinate court's order affects the finality of the suit or other legal proceedings. 

A revision under Section 115 is generally not maintainable if the impugned order is appealable. 

Article 227 grants High Courts supervisory jurisdiction over all courts and tribunals within their respective jurisdictions. 

Key Differences:

Scope: Article 227 has a wider scope than Section 115 CPC.

Maintainability: While Section 115 revision is generally not maintainable if an appeal is available, Article 227 can be invoked even if a statutory remedy exists.

Interference: High Courts are more likely to interfere under Article 227 to correct errors and prevent injustice, but they are also more cautious in its application to avoid overstepping into the functions of subordinate courts. 

In essence, Section 115 CPC is a specific provision for revising certain types of orders, while Article 227 provides a broader supervisory power to the High Courts to ensure justice and fair procedure across all subordinate courts and tribunals. 

Many thanks to all the experts in this esteemed forum. 

Regards, 

Krishna Kishore

It appears like you have put great efforts to know about the apt law that is applicable, however you may note that you may have to confine to the relief that you are looking for instead of deeply studying the law especially if they are found to be irrlevant or unnecessary to the reliefs  or beying the reliefs that you are looking for.

All the best for your efforts.

Dear T. Kalaiselvan Sir and all experts in this esteemed forum, 

Thank you very much for your wishes and all your advice. 

Regards, 

Krishna Kishore

You are welcome for your understanding and appreciations.