ALLAHABAD HIGH COURT
Unknown, J
Sri Ram Narayan Jaiswal v. Rajeshwari Devi and Others
Revision | Suit No. 203 of 1973
| Table of Content |
|---|
| 1. revision's introduction and basis on section 115. (Para 1) |
| 2. assessment of maintainability and potential for failure of justice. (Para 2) |
| 3. final dismissal of the revision. (Para 3) |
1. This revision is directed against the order of the court of the District Judge, Ghazipur dated 7th Sept., 1977 rejecting a revision under S.115 of the Civil P. C. which had been filed in that court on 31st May, 1977 from an order of the Court of the IIIrd Additional Munsif, Ghazipur dated 26th May, 1977 in Suit No. 203 of 1973 dismissing the defendant' s application for amendment of written statement. The learned counsel for the defendant applicant was unable to point out any error in the order of the learned District Judge except for saying that the learned District Judge ought not to have rejected the revision but should have ordered it to be returned for presentation to this Court. Even if the order of the learned District Judge is treated to be an order returning the revision for presentation to this court, the revision from the order of the Munsif would be highly belated as the revision in this Court was filed on 21st Dec., 1977 that is, more than three months after the return of the revision by the Court of the District Judge. There is another objection to the maintainability of the revision. The proviso to S.115 of the Code of Civil Procedure now lays down that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in The course of a suit or other proceeding, except where -
(a) the order if it had been in favour of the party applying for revision would have finally disposed of the suit or other proceedings, or
(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made."
2. In the instant case it cannot be said that if the impugned order of the Munsif had been made in favour of the party applying for the revision, that would have finally disposed of the suit. Further it would be open to the applicant to canvass before the appellate court in an appeal from the decree in the suit, if any, that the application for amendment was wrongly dismissed. That being so, it cannot be said that the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the applicant.
3. In this view of the matter, the revision cannot be said to be maintainable. It is accordingly rejected as such.
Revision Dismissed.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.