CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure
Ravi is aggrieved by a decree from which an appeal is allowed under the Code, but he did not file any appeal. Can he seek a review under Section 114?
Yes. Section 114(a) allows a person aggrieved by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, to apply for review to the Court that passed the decree or made the order.
- ANo, review is available only where no appeal is allowed
- BYes, review lies to the Court that passed the decree even though an appeal was allowed but not preferredCorrect
- CYes, but only before the Supreme Court
- DNo, review lies only against decisions on a reference from a Court of Small Causes
Explanation
Section 114(a) covers a decree or order from which an appeal is allowed but no appeal has been preferred. Clause (b) separately covers cases where no appeal is allowed, so option A wrongly restricts review to that clause alone.
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