P. B. BAJANTHRI, JITENDRA KUMAR
Mantu Kumar – Appellant
Versus
Union of India – Respondent
Jitendra Kumar, J. – The present Review Petition has been filed to review the Order dated 02.12.2019 passed by the Division Bench of this Court in Civil Writ Jurisdiction Case No. 23813 of 2019, whereby the Writ Petition of the Petitioner was dismissed in limine on account of non-maintainability.
2. Hence the question is whether this Court can review the said Order under Civil Review Jurisdiction.
3. Before we proceed to consider the submission of the Petitioner for review, it is imperative to examine the Statutory Provisions and Case Laws to know what is scope and limitation of the Review Jurisdiction.
4. Section 114 of the Code of Civil Procedure deals with substantive power to Review a decree or order. This Section reads as follows: –
“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 Code, 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 t
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