MANISHA JAIN Vs. GENERAL PUBLIC

JUDGEMENT

(1.) With the consent of learned counsel for the parties, this matter is heard finally.

(2.) This review petition has been filed for recalling/modification of the order dtd. 17/11/2021 passed by this Court in Civil Revision No.47/2021 (Smt. Manisha Jain Vs. General Public and another) to the extent that this Court while considering the question No.2 about maintainability of the civil revision against the appellate order passed by District Judge in the succession certificate case held in negative that such petition is not maintainable.

(3.) Learned counsel for the petitioner submits that the impugned order was passed on the basis of Full Bench judgment rendered by the Allahabad High Court in the matter of Jupitar Chit Fund Vs. Dwarka Diesh and others reported in AIR 1979 Allahabad 218. Though in the State of Uttar Pradesh the provision of revision has been incorporated under Sec. 115 of the Code of Civil Procedure (for short the "CPC") and certain amendments have been made vide Amendment Act No.31 of 1978 with effect from 1/8/1978 whereby the revision is maintainable in the High Court if the cases are arising out of "original suits or other proceedings", but in the State of Chhattisgarh no such provision is available and if any case is decided by the Court where no appeal lies, revision would be maintainble under Sec. 115 of the CPC. He further submits that the concerned amendments and the provisions are exclusively for the State of Uttar Pradesh, but no similar provision exists in the State of Chhattisgarh. Hence, the impugned order requires to be modified.