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

Which of the following situations falls within the grounds on which review of judgment may be sought under Section 114?

Review lies, among other cases, against a decree or order from which the Code allows no appeal. Section 114(b) expressly provides this, and the application goes to the court which passed the decree or made the order.

  1. AA decree or order from which no appeal is allowed by the CodeCorrect
  2. BOnly a decree from which an appeal has already been preferred and pending
  3. COnly a decision of a High Court on its original side
  4. DA decision of an arbitrator outside any court

Explanation

Section 114(b) covers decrees or orders from which no appeal is allowed by the Code. Clause (a) concerns cases where appeal is allowed but not preferred, so a pending appeal is not the stated ground. Clause (c) concerns decisions on a reference from a Court of Small Causes.

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