Case Note & Summary
The case involves a Civil Revision Application filed by Sau. Sangita Sunil Bhardiya (applicant) against Rajendra Babulal Sarnot (respondent) challenging a decree passed by the trial court in a suit under Section 6 of the Specific Relief Act, 1963. The respondent raised a preliminary objection regarding the maintainability of the revision application under Section 115 of the Code of Civil Procedure, 1908 (CPC). The respondent argued that the decree under Section 6 of the Specific Relief Act is not appealable and therefore cannot be subject to revision under Section 115 CPC, as per the amended provisions. The court examined Section 115 CPC, particularly subsection (2) which bars revision against any decree or order against which an appeal lies either to the High Court or to any court subordinate thereto. Since no appeal lies against a decree under Section 6 of the Specific Relief Act, the revision was held not maintainable. The court also noted that the Explanation to Section 115(1) CPC includes orders made in the course of a suit but does not extend to decrees in such suits. Consequently, the preliminary objection was upheld and the Civil Revision Application was dismissed with no order as to costs.
Headnote
A) Civil Procedure Code - Revision - Maintainability - Section 115 CPC - Decree under Section 6 Specific Relief Act, 1963 - The court held that a decree passed in a suit under Section 6 of the Specific Relief Act, 1963 is not amenable to revision under Section 115 of the Code of Civil Procedure, 1908 because no appeal lies against such decree and the revision is barred by Section 115(2) CPC. The preliminary objection was upheld and the revision application was dismissed. (Paras 1-3)
Issue of Consideration
Whether a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 is maintainable against a decree passed in a suit under Section 6 of the Specific Relief Act, 1963.
Final Decision
The preliminary objection is upheld. The Civil Revision Application is dismissed. No order as to costs.
Law Points
- Revision under Section 115 CPC not maintainable against decree under Section 6 Specific Relief Act
- 1963
- Decree under Section 6 Specific Relief Act is not appealable
- Section 115(2) CPC bars revision where appeal lies to any court
- Explanation to Section 115(1) CPC includes orders but not decrees in suits under Section 6 Specific Relief Act
Case Details
2006 LawText (BOM) (03) 25
Civil Revision Application No.164 of 2005
Mr. M.S. Karnik for applicant, Mr. A.V. Anturkar for respondent
Sau. Sangita Sunil Bhardiya
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Nature of Litigation
Civil Revision Application against a decree passed in a suit under Section 6 of the Specific Relief Act, 1963.
Remedy Sought
The applicant sought revision of the trial court's decree under Section 115 of the Code of Civil Procedure, 1908.
Filing Reason
The applicant challenged the decree passed by the trial court in a suit under Section 6 of the Specific Relief Act, 1963.
Previous Decisions
The trial court passed a decree in a suit under Section 6 of the Specific Relief Act, 1963.
Issues
Whether a Civil Revision Application under Section 115 CPC is maintainable against a decree passed in a suit under Section 6 of the Specific Relief Act, 1963.
Submissions/Arguments
Mr. Anturkar for the respondent raised a preliminary objection that the revision application is not maintainable because the decree under Section 6 of the Specific Relief Act is not appealable and Section 115(2) CPC bars revision against any decree or order against which an appeal lies.
Mr. Karnik for the applicant argued in support of the revision application.
Ratio Decidendi
A decree passed in a suit under Section 6 of the Specific Relief Act, 1963 is not amenable to revision under Section 115 of the Code of Civil Procedure, 1908 because no appeal lies against such decree and Section 115(2) CPC bars revision against any decree or order against which an appeal lies to any court.
Judgment Excerpts
According to him, the trial court has passed decree in suit under section 6 of the Specific Relief Act. Such decree is not amenable to revision under section 115 of the Code of Civil Procedure.
Section 115 of the Code as amended reads thus: ... (2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.
Procedural History
The trial court passed a decree in a suit under Section 6 of the Specific Relief Act, 1963. The applicant filed a Civil Revision Application under Section 115 CPC before the High Court of Bombay. The respondent raised a preliminary objection regarding maintainability. The High Court heard the preliminary objection and dismissed the revision application.
Acts & Sections
- Code of Civil Procedure, 1908: 115
- Specific Relief Act, 1963: 6
