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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Ravi's suit was decreed against him. The Code allows an appeal from that decree, but Ravi did not file one. Discovering an error, he considers himself aggrieved. Which course does Section 114 permit?

Ravi may apply for review to the same court that passed the decree. Section 114(a) permits review by an aggrieved person where an appeal is allowed by the Code but none has been preferred.

  1. AHe may apply for review of judgment to the court which passed the decreeCorrect
  2. BHe may apply for review only to the Supreme Court
  3. CHe cannot seek review because an appeal was allowed but not preferred
  4. DHe may apply for review only if the decree was passed by a Court of Small Causes

Explanation

Section 114(a) allows any person aggrieved by a decree or order from which an appeal is allowed but no appeal has been preferred to apply for review to the court which passed the decree. The bar in option three is wrong since clause (a) expressly covers this case.

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