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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Marwari Panchayati Dharamshala & Ors. - Appellants
Versus
Avdhesh Kumar & Ors. - Respondents
Civil Revision No. 113 of 2022
Decided On : 14-12-2022
Section 115 - Civil Revision - The court dismissed the amendment application filed by the defendants in Original Suit No.04 of 2005, 'Avdhesh Kumar and Others vs. Marwari Panchayati Dharamshala and Others', under Section 115 of the Code of Civil Procedure, 1908.
Fact of the Case:
The defendants filed a Civil Revision under Section 115 of the Code of Civil Procedure, 1908, against the order dismissing their amendment application in Original Suit No.04 of 2005.
Finding of the Court:
The court disposed of the Civil Revision at the admission stage after considering the arguments of both parties and framing an additional issue regarding the maintainability of the suit against the Society under Section 92 of the Code of Civil Procedure, 1908.
Issues: The main issue was whether the suit was maintainable against the Society, the defendant no.1, under Section 92 of the Code of Civil Procedure, 1908.
Ratio Decidendi: The court's decision was influenced by the arguments presented by both parties regarding the maintainability of the suit against the Society under Section 92 of the Code of Civil Procedure, 1908.
Final Decision: The Civil Revision No.113 of 2022 was disposed of at the admission stage.
JUDGMENT
Alok Kumar Verma, J. - This proposed Civil Revision has been filed under Section 115 of the Code of Civil Procedure, 1908, against the order dated 07.11.2022, passed by the learned 1st Additional District Judge, Haridwar, in Original Suit No.04 of 2005, 'Avdhesh Kumar and Others vs. Marwari Panchayati Dharamshala and Others', by which, the amendment application, filed by the proposed revisionists - defendants, has been dismissed.
2. Heard Mr. Siddhartha Singh and Mr. Nikhil Singhal, learned counsel for the revisionists - defendants, Mr. Arvind Vashsitha, learned Senior Advocate assisted by Mr. Jitendra Chaudhary, learned counsel for the respondent nos.1 to 3 - plaintiffs and Mr. Sudhir Kumar, learned counsel for the respondent no.13.
3. Mr. Siddhartha Singh, Advocate, submitted that the said suit under Section 92 CPC is not maintainable against the Society, the revisionist no.1/ defendant no.1 and, therefore, the said amendment application was filed by the revisionists - defendants accordingly.
4. Mr. Arvind Vashistha, learned Senior Advocate and Mr. Sudhir Kumar, the learned counsel for the respondents, opposed the said submissions and submitted that the proposed revisionists - defendants have already taken the said pleas in their written statement.
5. During the arguments, learned counsel for both the parties have prayed to decide the present Revision by framing the following additional Issue:-
(1) Whether the suit is not maintainable against the Society, the defendant no.1, under Section 92 of the Code of Civil Procedure, 1908.
6. The Civil Revision No.113 of 2022 is disposed of at the admission stage accordingly.
The court's decision was based on the interpretation of Section 115 of the Code of Civil Procedure, 1908, and the arguments regarding the maintainability of the suit under Section 92 of the same code....
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
Courts may direct expedited decisions in appropriate cases under Order 15 Rule 5 of the Code of Civil Procedure, 1908.
The court affirmed that revisions under Section 115 are not maintainable unless errors cause irreparable harm or when a decisive resolution of a suit is involved.
The judgment and decree passed under Order XXXVII of the CPC is amenable to routine appeal under Section 96 CPC, and a civil revision cannot split the judgment of the trial court.
The central legal point established in the judgment is the material restrictions imposed on the revisional jurisdiction of the High Court under the amended S. 115 of the CPC.
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