AI Overview...
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Not Maintainable - The majority of cases consistently hold that revision petitions challenging orders allowing amendments are not maintainable, especially under Section 115 of the Civil Procedure Code (CPC) or relevant rent control statutes. Courts have emphasized that amendments are procedural in nature and do not decide the core rights or liabilities, thus not qualifying as judgments or orders appealable or revisable SUCHET SINGH VS CHANDER BAL - Delhi, GUNTHA RADHAKRISHNA MURTHY VS N. Venkoba Setty - Andhra Pradesh, Chandra Kala VS Riyasat Nawab and Others - Allahabad, Todendula Venkata Krishnaiah VS Uppu Gangaiah - Andhra Pradesh, KANTA DEVI VS DISTRICT JUDGE, MUZAFFARNAGAR - Allahabad, Dattaram V. Dharwadkar & another VS Ghanashyam G. Bhende & another - Bombay, Shrichand VS Chandra Prakash - Allahabad, Gopal Pandey VS District Judge Ballia - Allahabad, Subhash Karmakar VS Alhaj Saken Ali - Gauhati, GANESHMAL VS MAGHA RAM - Rajasthan.
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Legal Basis - The amended proviso to Section 115 CPC and specific statutory provisions (e.g., Rent Control Act Sections 25B, 15, 21, 22) restrict revision against interlocutory orders, including those related to amendments. Courts have clarified that such orders do not constitute a final decision or a judgment, rendering revision proceedings inadmissible SUCHET SINGH VS CHANDER BAL - Delhi, GUNTHA RADHAKRISHNA MURTHY VS N. Venkoba Setty - Andhra Pradesh, Chandra Kala VS Riyasat Nawab and Others - Allahabad.
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Court Rationale - Courts have reasoned that allowing revision against procedural orders like amendments would lead to unnecessary delays and interfere with the trial process. They have consistently upheld the view that amendments are within the discretion of the trial court and do not warrant revisional interference unless they cause manifest injustice or exceed jurisdiction Chandra Kala VS Riyasat Nawab and Others - Allahabad, 02500068483.
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Exceptions and Clarifications - While generally not maintainable, some courts have acknowledged that if an order allowing an amendment results in a fundamental miscarriage of justice or exceeds jurisdiction, a revision might be considered, but such instances are rare and not the norm GANESHMAL VS MAGHA RAM - Rajasthan.
Analysis and Conclusion
The consensus across the cited cases is that revision petitions challenging orders allowing amendments are largely not maintainable under Section 115 CPC or similar statutory provisions. Courts view such procedural orders as interlocutory and not final judgments, thus outside the scope of revisional jurisdiction. This approach aims to prevent delays and preserve the integrity of the trial process, emphasizing that amendments are procedural tools within the trial court's discretion.
Search Results for "Revision Not Maintainable against and Order Allowing Amendment"
1979 0 Supreme(Del) 39 • India - Delhi
RAJINDAR SACHAR
Finding of the Court: The court held that the revision petition was not maintainable because the order allowing the ... RENT CONTROL ACT - SECTION 25B - REVISION - AMENDMENT OF EVICTION PETITION - NOT MAINTAINABLE: Fact of the Case: ... Final Decision: The court dismissed the revision petition as not maintainable. ... I am afraid that the point whether the amendme....
1987 0 Supreme(AP) 254 • India - Andhra Pradesh
RAMA RAO
under Sec 115 against order allowing amendment of Petition by landlord - Not maintainable ... ... ;Held : The revision is not maintainable either under Sec 22 of the Rent Control Act or under sec 115 CPC ... AP BUILDINGS [LEASE, RENT AND EVICTION CONTROL ACT, Secs 15, 21 and 22 Civil Procedure Code, Sec115 and Order 6, Rule 17 - Revision ... ... ( 1 ) THIS revision petition is against the #....
2012 0 Supreme(All) 3171 • India - Allahabad
SAEED-UZ-ZAMAN SIDDIQI
Amendment - Civil Procedure - The court dismissed the revision against the order allowing the application for amendment, stating ... Fact of the Case: The revision was filed against the order allowing the application for amendment in a civil suit, ... that the revision was not maintainable in view of the amended proviso to Section 115 of the Code of Civil Procedure. ... Aggriev....
2003 0 Supreme(AP) 566 • India - Andhra Pradesh
V.V.S.RAO
petition under Art227 against order allowing application for amendment of plaint - Not, maintainable ... p align="justify ... amendment, no crucial admission is being allowed to be withdrawn - Order of trial Judge in allowing amendment - Justified ... - Revision petition, dismissed ... The same does not in any manner help the petitioner. By allowing the ame....
1998 0 Supreme(All) 454 • India - Allahabad
J.C.GUPTA
Whether the revision against the orders allowing the amendment in the release application and the final release order was maintainable ... 19, and therefore, the revision was not maintainable. 2. ... A. filed a revision against the order allowing the amendment in the release application and against the final release order. ... O. while dismissing/disposing of th....
2002 0 Supreme(Bom) 555 • India - Bombay
V.C.DAGA
Civil Procedure Code, 1908 - Section 115 and Order VI, rule 17 - Revision petition against order allowing amendment - Question of ... maintainability raised on the ground of such order not having effect of deciding any case - Not tenable, revision maintainable. ... by limitation - Court below allowing the amendment - Impugned order having been passed in exercise....
2014 0 Supreme(All) 3796 • India - Allahabad
SATYENDRA SINGH CHAUHAN
Revision - Maintainability of Revision under Order 43 Rule 1(c) of CPC - The court held that the revision was not maintainable ... on the ground that the revision was not maintainable before the Additional District Judge and appeal was maintainable. ... 115 CPC to conclude that the revision was not maintainable before the Additional District Judge. ... Learned c....
1995 0 Supreme(All) 1153 • India - Allahabad
R.H.ZAIDI
Judge dismissed the revision filed by the petitioner as not maintainable. ... Revision - Civil Procedure - The court held that an order rejecting or allowing an amendment application is revisable under Section ... the order rejecting or allowing the amendment application. ... Judge was not right in observing that : "the repealed pronouncements of the Hon'ble High Court of judicature at Allahabad, ....
2004 0 Supreme(Gau) 205 • India - Gauhati
I.A.ANSARI
The revision against the order allowing the application for review was deemed not maintainable. ... The revision against the order allowing the application for review was deemed not maintainable, and the plaintiffs were given the ... Finding of the Court: The court found that the revision against the order allowing the application for review was not#....
2018 0 Supreme(Raj) 553 • India - Rajasthan
ARUN BHANSALI
Finding of the Court: The court dismissed the revision petition as not maintainable, allowing the petitioners to question ... The court found the revision petition not maintainable due to the amendment of Section 115 CPC and the judgment of the Hon'ble Supreme ... Section 115 CPC - Revision Petition - Dismissal for Not Being Maintainable Fact of the Case: The petitioners filed ... In view there....
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