Supreme Court of India
Rahimal Bathu & Others v. Ashiyal Beevi
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered view that where an appealable decree has been passed in a suit, no revision should be entertained under Section 115 of the CPC against an order rejecting on merits a review of that decree.
Judgment, page 17
From the headnote
Issue for consideration: Whether a revision u/s.115, CPC is maintainable against an order of the subordinate Court rejecting on merits an application for review of an appealable decree passed in a civil suit. Code of Civil Procedure, 1908 – s.115 – Exercise of revisional powers: Held: Exercise of revisional powers cannot be claimed as of right – It is a discretionary power – Revisional Court is not bound to interfere merely because any of the three conditions, as laid down i n s.115 for exercise of such power, is satisfi ed – The Court, exercising revisional powers, must bear in mind, inter
Authorities it was built on
- 1969 Krishnaji Dattatryaya Bapat v. Krishnaji Dattatryaya Bapat
- 2012 M/s. Dsr Steel (p) Ltd. v. State of Rajasthan & Ors.
- 1993 N.P.V. Ramaswamy Udayar Etc. v. All Lndia Subscrlber Association and Others Etc.
- 2002 Kalpataru Agroforest Enterprises v. Union of India
- 2002 Prem Bakshi and Ors. v. Dharam Dev and Ors.
- 2005 Rajender Singh v. Lt. Governor, Andaman & Nicobar Islands and Ors.
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