Review provision in cpc

Querist : Anonymous (Querist) 05 September 2011 This query is : Resolved
plaintiff has filed special civil suit for partition and claim. along with the said suit plaintiff also filed Exh. 5 (T. I Application)restraining the defendant from creating third party interest in the suit properties. I'm Defendant in the said suit. the said Exh. 5 was rejected by the Honorable court. plaintiff has filed revision application in the same court and prayed to reconsider the Exh. 5 ?? can such order below Exh. 5 be revised???
Second question is that can the plaintiff file a review application in the same court to reconsider the EXh. 5 ??? if yes how?? if no why?? (if possible please support it with relevant case laws).. reply awaited.. on both questions....

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Chanchal Nag Chowdhury (Expert) 05 September 2011
Revision cannot lie to the same court.
Review can lie only on fresh materials & after he gives sufficient cause as to why he could not produce the fresh materials earlier.Chances of success in a Review is remote.

prabhakar singh (Expert) 05 September 2011
A revision lies in superior court and not in the same court.

A review lies in the same court provided person seeking the review establishes before the court which passed the order that the court while passing the order has over looked
some material on record which if looked in to the view of the court will get changed.

Moreover from an order rejecting the interim application an APPEAL lies ,not the revision.

Raj Kumar Makkad (Expert) 05 September 2011
There is no such provision for lower courts.

prabhakar singh (Expert) 05 September 2011
section 114 read with order XLVII governs Review.

prabhakar singh (Expert) 05 September 2011
ORDER XLIII.deals with APPEALS FROM ORDERS
and provides appeal from an order passed under rule 4 or rule 10 of Order XXXIX.

Raj Kumar Makkad (Expert) 06 September 2011
Thanks prabhakar singh ji for correcting me.

girish shringi (Expert) 09 September 2011
I will go with Mr. Singh.

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