whether Review against the judgment and decree passed in suit can be moved if there is a stay of all further proceedings in suit?
Lokesh Kumar V
(Querist) 10 January 2009
This query is : Resolved
suit decreed.plaintiff filed review within limitation but not moved. Subsequently, the Defendant filed an appeal against the judgment and decree and obtained an order of stay of all further proceedings in suit.
I just want to know that
whether review can be moved at this stage?
does the stay of all further proceedings mean Execution proceedings only or it includes review also?
pls give opinion in this regard with citation if possible.
Prof. Dr. Amaresh Kumar
(Expert) 10 January 2009
Dear Mr. Lokesh, you can move the review along with an application to review the Stay Order giving reason to review the stay also.
Srinivas.B.S.S.T
(Expert) 13 January 2009
Sir, Section 114 of CPC deals with review it reads as follows " REVIEW:-subject to as aforesaid (i.e., reference) 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.
So as per clause (a) and (b) as there is an appeal by the Defendant the review petition by the Plaintiff is not maintainable.
Srinivas.B.S.S.T
(Expert) 13 January 2009
Sir, Section 114 of CPC deals with review it reads as follows " REVIEW:-subject to as aforesaid (i.e., reference) 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.
So as per clause (a) and (b) as there is an appeal by the Defendant the review petition by the Plaintiff is not maintainable.
Srinivas.B.S.S.T
(Expert) 13 January 2009
Sir, Section 114 of CPC deals with review it reads as follows " REVIEW:-subject to as aforesaid (i.e., reference) 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.
So as per clause (a) and (b) as there is an appeal by the Defendant the review petition by the Plaintiff is not maintainable.
