Supreme Court · 2023 INSC 861 · Decided 26 September 2023
Rahimal Bathu & Others v. Ashiyal Beevi
- Court
- Supreme Court of India
- Citation
- 2023 INSC 861 · [2023] 12 S.C.R. 697
- Case number
- CIVIL APPEAL No. 6232/2023
- Decided
- 26 September 2023
- Bench
- PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115
Headnote
HEADNOTES Issue for consideration: Whether a revision u/s.115, CPC is maintainable against an order of the subordinate Court rejecting on merits an application for review of an appealable decree passed in a civil suit. Code of Civil Procedure, 1908 - s.115 - Exercise of of revisional powers cannot be claimed as of right - It is a discretionary power - Revisional Court is not bound to interfere merely because any of the three conditions, as laid down in s.115 for exercise of such power, is satisfi ed - The Court, exercising revisional powers,
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