Published on: April 15, 12:22 IST
Court: Supreme Court of India
Citation: Shiv Shakti Coop. Housing Society v. Swaraj Developers (2003)
Honourable Supreme Court of India has held that Civil Revision under aegis of Section 115 of the Code of Civil Procedure, 1908. It is held that if the impugned order is interim in nature or does not finally decide the lis, the Civil Revision will not be maintainable as orders, which are interim in nature, cannot be the subject-matter of Civil Revision.
32. A plain reading of Section 115 as it stands makes it clear that the stress is on the question whether the order in favour of the party applying for revision would have given finality to suit or other proceeding. If the answer is “yes” then the revision is maintainable. But on the contrary, if the answer is “no” then the revision is not maintainable. Therefore, if the impugned order is interim in nature or does not finally decide the lis, the revision will not be maintainable. The legislative intent is crystal clear. Those orders, which are interim in nature, cannot be the subject-matter of revision under Section 115.
There is marked distinction in the language of Section 97(3) of the Old Amendment Act and Section 32(2)(i) of the Amendment Act. While in the former, there was a clear legislative intent to save applications admitted or pending before the amendment came into force. Such an intent is significantly absent in Section 32(2)(i). The amendment relates to procedures. No person has a vested right in a course of procedure. He has only the right of proceeding in the manner prescribed. If by a statutory change the mode of procedure is altered, the parties are to proceed according to the altered mode, without exception, unless there is a different stipulation.
Drafted By Abhijit Mishra