O26R9 CPC and O39R7 CPC

Tribhuwan Pandey (Querist) 22 July 2010 This query is : Resolved
whether against dismissal of application under O26R9 CPC and O39R7 CPC, revision lies or not? supported case law on the subject may also be forwarded.

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Devajyoti Barman (Expert) 22 July 2010
Misc Appeal does not lie, so you have to try your luck under Art 227 of the constitution before thew high court.

s.subramanian (Expert) 22 July 2010
revision lies under sec.115 cpc.

niranjan (Expert) 22 July 2010
I agree with Mr. Burman.

Devajyoti Barman (Expert) 22 July 2010
After the amendment of cpc in 2002 the application of section 115 is restricted in all the states except in few states.
For example in west bengal it is no more applicable and here we try to revise under art. 227 only.

N.K.Assumi (Expert) 23 July 2010
Agree with Burman. Refer to the classic observation of the Supreme Court as reported in 2003-(005)-SUPREME-0390-SC.

Chanchal Nag Chowdhury (Expert) 23 July 2010
Check Order 43A CPC

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