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Issues: Whether a revision under Section 115 of the Code of Civil Procedure, 1908 is maintainable against an order rejecting on merits an application for review of an appealable decree passed in a civil suit.
Analysis: Order XLVII of the Code of Civil Procedure, 1908 makes an order rejecting a review application non-appealable, while an order granting review is appealable. Section 115 confers revisional power over a case decided by a subordinate court, but that power is discretionary and must be exercised with regard to the nature of the order and the existence of another effective remedy. Where an appealable decree already exists, dismissal of a review application does not alter the decree and the aggrieved party must challenge the original decree in appeal. If the revisional court itself modifies the decree while examining rejection of review, the decree merges in the revisional order and may prejudice the statutory right of appeal and objections to adverse findings. The proper course is to pursue an appeal against the decree, with delay if any to be considered in that appeal.
Conclusion: A revision under Section 115 of the Code of Civil Procedure, 1908 is not maintainable against rejection on merits of review of an appealable decree; the High Court ought not to have entertained the revision.
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