Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: (i) Whether the Court had jurisdiction to grant review and extend the time under Section 114 and Order 47, Rule 1 of the Code of Civil Procedure on the ground of sufficient reason; (ii) Whether the appeal against the order granting review could succeed on the merits in view of Order 43, Rule 1 and Order 47, Rule 7 of the Code of Civil Procedure.
Issue (i): Whether the Court had jurisdiction to grant review and extend the time under Section 114 and Order 47, Rule 1 of the Code of Civil Procedure on the ground of sufficient reason.
Analysis: The expression "for any other sufficient reason" in Order 47, Rule 1 was treated as wide enough to cover exceptional situations where strict adherence to the original decree would work obvious injustice. The review order was expressly made in exercise of review powers, and the Court held that the trial court was not acting outside its jurisdiction in modifying the decree after finding that the plaintiffs had shown sufficient cause for non-compliance within time.
Conclusion: The review was within jurisdiction and was validly granted.
Issue (ii): Whether the appeal against the order granting review could succeed on the merits in view of Order 43, Rule 1 and Order 47, Rule 7 of the Code of Civil Procedure.
Analysis: Although an appeal lay against an order granting review, that right was controlled by Order 47, Rule 7, so the appeal could succeed only on grounds falling within that provision. The objections pressed in appeal were held not to fall within the permissible grounds under Order 47, Rule 7, and therefore could not overturn the review order.
Conclusion: The appeal could not succeed on the merits and was liable to be dismissed.
Final Conclusion: The review order was sustained and the challenge to it failed, leaving the modified decree undisturbed.
Ratio Decidendi: The words "for any other sufficient reason" in Order 47, Rule 1 of the Code of Civil Procedure are broad enough to sustain review in exceptional cases, and an appeal from an order granting review can succeed only on the restricted grounds permitted by Order 47, Rule 7.