Case Note & Summary
The revision petition arises out of the impugned judgment and order dated 16.06.2016 passed in FDP No.113/2010 on the file of the XXII Additional City Civil and Sessions Judge, Bengaluru, rejecting the application filed by the petitioner under Section 47 read with Section 151 CPC. The background of the case is that the respondents 1 and 2 had filed O.S.No.2018/1995 seeking a decree for partition and separate possession. The suit was decreed in their favour on 28.02.2007. Pursuant to the said decree, the respondents filed FDP No.113/2010 for final decree proceedings. During the pendency of the FDP, the petitioner filed an application under Section 47 read with Section 151 CPC seeking to review the final decree. The trial court rejected the application. The petitioner then filed the present civil revision petition under Section 115 CPC challenging the said order. The legal issues considered were whether the application under Section 47 CPC was maintainable after the final decree had been passed and whether the trial court's order rejecting the application was sustainable. The court noted that the petitioner had not challenged the final decree earlier and that the decree had merged with the order of the appellate court. The court held that the application was not maintainable and dismissed the revision petition. The decision was in favor of the respondents.
Headnote
A) Civil Procedure Code - Review - Maintainability - Section 47 read with Section 151 CPC - Final Decree Proceedings - The petitioner filed an application under Section 47 read with Section 151 CPC in FDP No.113/2010 seeking review of the final decree passed on 28.02.2007 in O.S.No.2018/1995. The trial court rejected the application. The High Court held that the application was not maintainable as the decree had merged with the order of the appellate court and the petitioner had not challenged the final decree earlier. The revision petition was dismissed. (Paras 1-5) B) Civil Procedure Code - Execution - Objections - Section 47 CPC - Final Decree - The court observed that objections to the execution of a decree under Section 47 CPC cannot be raised after the final decree has been passed and the same has attained finality. The petitioner's attempt to reopen the proceedings was not permissible. (Paras 3-5)
Issue of Consideration
Whether the impugned order dated 16.06.2016 rejecting the application filed under Section 47 read with Section 151 CPC in FDP No.113/2010 is sustainable in law.
Final Decision
The civil revision petition is dismissed. The impugned order dated 16.06.2016 passed in FDP No.113/2010 by the XXII Additional City Civil and Sessions Judge, Bengaluru, is confirmed.
Law Points
- Review application not maintainable after decree merged with appellate order
- Section 47 CPC objections cannot be raised after final decree
- Civil Revision Petition under Section 115 CPC dismissed
