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RAVI MALIMATH, VISHAL MISHRA
Shyamvati Bai (Smt. ) – Appellant
Versus
Chatra Singh – Respondent
ORDER
1. This appeal is filed with a prayer to set aside the order dated 25.4.2023 passed in Review Petition No. 292 of 2023. In terms of the order passed in review petition, the same was dismissed.
2. The miscellaneous petition was filed by the plaintiffs being aggrieved by order dated 1.11.2022 passed in RCSA No.32A of 2015 by the learned Second Civil Judge, Senior Division, Dindori in terms whereof the objection raised by the plaintiffs as to the admissibility of the Batwaranama on the ground that it is not registered and, therefore, in terms of section 17 of the Registration Act is not admissible in evidence, was rejected. Questioning the same, the instant miscellaneous petition was filed under Article 227 of the Constitution of India. The learned Single Judge by order dated 14.3.2023 dismissed the miscellaneous petition. Aggrieved by the same, the plaintiffs filed the Review Petition No. 292 of 2023 under Order XLVII rule 1 of the Code of Civil Procedure, 1908 (for short "the CPC") seeking to review the order passed by the learned Single Judge in exercise of the powers under Article 227 of the Constitution of India. The review petition was dismissed. Thereafter the instant writ
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
An appeal would lie against an order passed in a review of the order under Article 226 of the Constitution, even if the original order is retained, once the review petition is entertained and the add....
The availability of an appellate remedy under the CPC prevents the maintainability of petitions under Article 227 of the Constitution.
A petition under Article 227 of the Constitution of India is not maintainable if the conditions for appeal under the Arbitration and Conciliation Act, 1996 are not met, emphasizing the need to adhere....
The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.
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