VELUNNI Vs. APPU

JUDGEMENT

(1.) The execution court entered full satisfaction of the decree and dismissed the execution petition on 27-3-1980. The decree holder thereafter filed an application to review that order on the ground that recording of full satisfaction was made by a mistake apparent from the records, as further amounts are due from the judgment debtors. However the execution court dismissed that application observing that there is no provision to review an order passed in an execution petition recording full satisfaction of the decree. In this Civil Revision Petition challenging that order, although the judgment debtors accepted notice, they have not entered appearance. Therefore at my request Sri. K. T. Sankaran, Advocate appeared as amicus curiae.

(2.) O.47 R.1 of the Code of Civil Procedure is as follows:

(3.) From this provision it is clear that application for review can be filed against "a decree or order". The word 'decree' is defined in S.2(2) of the Code of Civil Procedure and the word 'order' is defined in S.2(4) thereof. There is no restriction that the order should be on the trial side, in order that a review application may be filed against the order. Thus on the wording of O.47 R.1 CPC. a petition to review an order in execution is maintainable.