Revision under Section 115 CPC remains open against final appellate orders passed from appealable interlocutory orders.

Section 115 CPC was construed as barring revision only against interim, non-appealable orders made in the course of a suit or other proceeding. A final appellate order passed in an appeal under Section 104 or Order 43 Rule 1(r) was treated as the operative order and not as an order made in the course of the underlying suit, so the proviso to Section 115(1) did not apply. The amendment was read as not abolishing revision against such final appellate orders where the statutory conditions for revision are otherwise met.

---

---

Issues: Whether a revision under Section 115 of the Code of Civil Procedure lies against a final appellate order passed in appeal under Section 104 or Order 43 Rule 1(r), and whether such appellate order is an order made in the course of a suit or other proceeding within the proviso to Section 115(1).

Analysis: The proviso to Section 115(1) was construed as governing only interim, non-appealable orders passed in the course of a suit or other proceeding. An appealable order stands outside that expression, and the final appellate order passed against such an order cannot be treated as an order made in the course of the suit. The reasoning also treated the appellate order as the operative order for the purpose of revisional scrutiny, and held that the legislative amendment did not abrogate revision against such final appellate orders where the conditions of Section 115 are otherwise satisfied.

Conclusion: The final appellate order passed in appeal under Section 104 or Order 43 Rule 1(r) is not an order in the course of a suit or other proceeding, and a revision against such order is not barred by the proviso to Section 115(1).

Ratio Decidendi: The proviso to Section 115(1) bars revision only against interim, non-appealable orders made in the course of a suit or other proceeding, not against final appellate orders passed in appeals from appealable interlocutory orders.

---