114. Review.
pratik
(Querist) 06 August 2010
This query is : Resolved
114. Review.
Subject as aforesaid, any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed by this Court, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
Query : 1) what do u mean by by a decree or order from which no appeal is allowed by this Court becasuse i have heard that the appeal is perfered to the appeallte court so how can we appeal to the same court which has passed the judgement or decree which is not maintainable as per the aggrived party.
2) by a decree or order from which no appeal is allowed by this Court (what does it says)
3) If the judgment or decree passed by the state of maharashtra & the Review can be filed under the gujarat court.
Thanks In Advance.
masood ausaf
(Expert) 08 August 2010
There are certain order such as the interlocutory orders against which there is no right of Appeal has been given. Hence the legislation for such orders has created a right of Review under Section 114 of the Civil Procedure Code. The review can only be made by the Court which has passed the orders under review and no other court can do so.
