1996 (12) TMI 409

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..... 47 Rule 1 of the Civil Procedure Code filed by the appellant seeking review of the order dated 30.8.90 passed in the suit by the learned Judge earlier. (2) The learned counsel for the plaintiff-respondent has raised an objection to the maintainability of the appeal submitting that the appeal does not lie for two reasons : firstly, Rule 7 of Order 47 of the Civil Procedure Code specificall .....

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..... he limitation imposed by Rule 7 of the same order i.e. Order 47. (5) In Shanker Motiram Nale VS. Shilolsing Gannusing Rajput, , an appeal was preferred against an order rejecting an application for review. Their Lordships held :- This appeal is obviously incompetent. It is against an order of a Division Bench of the High Court rejecting the application for review of a judgment and decree .....

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..... t' as under :- WHENEVER a Trial Judge decides a controversy which affects valuable rights of one of the parties, it must be treated to be a judgment within the meaning of the Letters Patent. Every interlocutory order cannot be regarded as a judgment but only those orders would be judgments which decide matters of moment or affect vital and valuable rights of the parties and which work serious .....

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..... ving been dismissed the appropriate remedy of the appellant was to have filed an appeal against the order dated 30.8.90. (9) So long as the Court rejecting the application for review has jurisdiction to reject the application, its order rejecting the application for review does not affect the rights of the applicant adversely, much less directly and immediately. The effect is indirect or .....

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..... hether it affects the vital and valuable rights of the parties, and (iii) whether it works serious injustice to the parties concerned. Applying the tests to the case at hand, none of the tests is satisfied by an order rejecting an application for review so as to call it a judgment. (11) For the foregoing reasons, the appeal is dismissed as not maintainable. No order as to the costs. .....

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