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Supreme Court of India 2023-09-26

RAHIMAL BATHU & OTHERS vs ASHIYAL BEEVI

Bench: 2 — Pamidighantam Sri Narasimha, Manoj Misra

In Brief

The respondent sued for ownership of property, claiming to have purchased it from her grandmother. The trial court found her entitled only to a one-sixth share. When her review petition was rejected, she sought revision in the High Court, which allowed it and modified the decree to grant her full ownership. The Supreme Court held that revision under Section 115 of the CPC is not maintainable against orders rejecting review of an appealable decree. The proper remedy is appeal against the original decree; time spent pursuing review may be condoned. The Court allowed the appeal, set aside the High Court's order, and preserved the respondent's right to appeal the trial court's decree.

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Civil Procedure Revision Review Petition Appellate Jurisdiction CPC Section 115

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