High Courts(1995) 02 AHC CK 0073

Lakshmi Narain vs J.N.Kapur & Anr.

Allahabad High Court · Decided on 15 February 1995

HON’BLE JUDGES
D.S.Sinha, J
RESULT
Dismissed
CASE NUMBER
Civil Rev. No. 258 of 1989

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Judgment

4 paragraphs · 172 words

D.S.Sinha, J.—No body appears on behalf of the applicant to press this revision, although the case has been taken up on the revision of the list. By the impugned order dated 5th December, 1988, under Section 151 of the Code of Civil Procedure, 1908, hereinafter called the Code, praying for review and recall of the decree and judgment dated 11th October, 1988, rendered in Civil Appeal No. 59 of 1987, has been rejected.

2.

The court below has opined that in view of the existence of specific statutory remedy of review under Rule 1 of Order XLVII of the Code, the application of the applicant for review under Section 151 of the Code is not maintainable. The view of the court below is perfectly sound in law. The inherent power envisaged in Section 151 of the Code can be exercised only if no other provision for exercise of the power for grant of a relief is available under the Code.

3.

The revision lacks merit and is, therefore, dismissed summarily.

Revision dismissed.