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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Dillip Kumar Patra – Appellant
Versus
Rasmita Patra – Respondent
| Table of Content |
|---|
| 1. factual background and parties involved. (Para 1 , 2 , 3) |
| 2. defendant's objection to review petition. (Para 4) |
| 3. court's reasoning on review's maintainability. (Para 5 , 9 , 10 , 11) |
| 4. law on review petitions vs appeals. (Para 12 , 13 , 14) |
| 5. final decision to dismiss the revision. (Para 15 , 16 , 17) |
JUDGMENT :
This revision under Section 115 of the CPC, 1908 has been filed by the petitioner praying for setting aside the impugned order dated 19.07.2024 passed in Review Petition No.1 of 2024 (Annexure-5) by the learned Senior Civil Judge, Puri.
3. The factual backgrounds of this revision, which prompted the petitioner for filing of the same is that, the petitioner and the Opp. Party in this Revision were the plaintiff and defendant respectively in C.S. No.471 of 2022 before the learned Senior Civil Judge, Puri. That suit vide C.S. No.471 of 2022 was filed by the petitioner being the plaintiff praying for declaration of his right, title and interest over the suit properties and for a declaration of the sale deed as invalid, for confirmation of possession and for permanent injunction in respect of the suit properties against the defendant (Opp. Party).
The Judgment a
Review petitions under the CPC are not maintainable when an appeal against the same decree is pending; the proper remedy is an appeal, reinforcing the prohibition of parallel proceedings.
The main legal point established in the judgment is that the power of review is not an inherent power and is subject to the limitations of Section 114 and Order-47, Rule-1 of CPC. A review can only b....
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
Point of law: The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeki....
The grounds for rejection of a plaint under Order VII Rule 11 of the CPC cannot be examined at the stage of defendant's evidence and go into the merits of the suit, which should be decided during the....
Court reaffirmed the obligation to maintain status quo in legal disputes to prevent harm until resolution, emphasizing judicial responsibility.
The execution court should number and decide on the merits of an application filed under Section 47 of CPC, rather than rejecting it as not maintainable due to issues already raised before the trial ....
The court affirmed that a review petition under Order 47 Rule 1 CPC must demonstrate grounds such as patent errors; mere dissatisfaction with prior rulings does not substantiate a review.
The main legal point established in the judgment is that a revision under Article 227 of the Constitution of India may not be maintainable if the petitioner has an alternative remedy of filing an app....
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