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Issues: (i) whether an appeal lay against an order rejecting an application for review under Order 47 of the Code of Civil Procedure, 1908; (ii) whether such an order amounted to a judgment within the meaning of Section 10 of the Delhi High Court Act, 1966.
Issue (i): whether an appeal lay against an order rejecting an application for review under Order 47 of the Code of Civil Procedure, 1908.
Analysis: Order 47 provides both the remedy of review and the limitation on appeal. Rule 7 specifically bars an appeal from an order rejecting a review application. A party invoking the review jurisdiction is bound by that limitation, and the appropriate challenge lies against the original order sought to be reviewed.
Conclusion: No appeal lay against the order rejecting review; the objection to maintainability was upheld against the appellant.
Issue (ii): whether such an order amounted to a judgment within the meaning of Section 10 of the Delhi High Court Act, 1966.
Analysis: An order qualifies as a judgment only if it decides a controversy directly and immediately affecting valuable rights of a party and causing serious injustice. An order merely refusing review does not determine any such right directly; its effect is indirect and remote, while the substantive effect remains attributable to the original order.
Conclusion: The order rejecting review was not a judgment within the meaning of Section 10 of the Delhi High Court Act, 1966.
Final Conclusion: The appeal could not be entertained because the impugned order was neither appealable under the review provision nor a judgment attracting the appellate jurisdiction.
Ratio Decidendi: An order rejecting a review application is not independently appealable and does not amount to a judgment unless it directly and immediately affects valuable rights of a party.