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november 1976

Supreme Court of India · 1976-11-25

VIDYA VATI vs DEVI DAS

Citation / case number
SC 1976/60854
Court
Supreme Court of India
Petitioner
VIDYA VATI
Respondent
DEVI DAS
Bench
BHAGWATI, P.N.

Judgment text excerpt

The Supreme Court held that under Order XLIII Rule 1(s) of the Code of Civil Procedure, an appeal against an order allowing a review application lies to the District Court, not the High Court. The Court clarified that a revision application under Section 115 CPC can be filed in the High Court only if no appeal lies from the subordinate court's order. The Court found that the Sub Judge had no jurisdiction to impose a condition requiring the deposit of loan money when a suit for recovery was pending, thus entitling the respondent to a decree for possession after tendering repayment, which was refused by the appellant.

VIDYA VATI vs DEVI DAS · Niyam