If order neither appealable nor reviewable nor revisionable?
Damayanti
(Querist) 24 February 2013
This query is : Resolved
If an Order passed (rather dismissal of an Application), which is in a civil suit at Original Jurisdiction, is deemed as if neither Appealable (no appeal lies vide CPC) nor reviewable (no review lies vide Sec. 114 of CPC) nor revisionable (no revision lies vide S. 115 of CPC), then doesn't it contravene ........................
the constitutional right
or
the legal right to pursue further recourse to Ordrinary remedy in higher forums?
Can the finality of a decision be sealed at the Original Jurisdiction itself?
If such situation arises, then doesn't it contravene the part III / Article 13 and Article 14 of the constitution (that Original Jurisdiction or lower court behaving in an utterly arbitrary manner and creating an area of arbitrariness)
Very urgent query .
Please advise.
R.K Nanda
(Expert) 24 February 2013
no, it does not.
prabhakar singh
(Expert) 24 February 2013
Why you people try to become jurists in course of asking a query.
When no review or appeal or revision is provided in C.P.C against an order,a writ may be tried for which the High Court shall
entertain only if the order is allowed to stand, grate injustice touching upon the merit of the case of the party against whom the order is passed.
Such an absence of remedy in C.P.c is not infringement of any fundamental right.
Devajyoti Barman
(Expert) 24 February 2013
seems to be an academic query which is not entertained here.
