Review petition.

basavaraj shiromani (Querist) 11 March 2013 This query is : Resolved
In a suit for partition and separate possession, during the cross examination of the plaintiff, defendant filed an application u/o 16 rule 6 for production of revenue records with an intention to confront those documents. Plaintiff resisted the application on the grounds that,
-first of all defendant is to file the available certified copies from the revenue offices to find whether those documents are available in the office or not. All though the application is opposed, the court passed order directing revenue office to produce the same. But those documents are not available in the revenue offices. The plaintiff also produced the non availability certificate issued by the Revenue office before the court. 6 months are already over, but still then the court is going on adorning the suit for the documents which are not available in the revenue office itself. The Govt pleader who represented the revenue office is also often taking time. under these circumstances, is there any chance to file review u/s 114 r/w order 47 (1) of cpc against the order passed. the plaintiff is not preferred any appeal against the said order. Are there any other remedy.

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prabhakar singh (Expert) 11 March 2013
No such review as laid in s 114 r/w order 47 (1) of cpc against the order passed would lie.

But such an application can certainly be moved under section 151 cpc to reconsider the matter in changed circumstances.More especially when department has itself stated
it does not have the records sought.