DURGA DEVI Vs. VIJAY KUMAR PODDAR WITH

JUDGEMENT

(1.) In both these Civil Revisions common question with regard to their maintainability has cropped up, thus, both have been heard and considered together on the question.

(2.) It is well settled that an appeal and revision are creatures of statute. Section 115 of the Code of Civil Procedure (hereinafter referred to as "the Code"), as amended and substituted by the Code (Amendment Act. 1999, w.e.f. 1.7.2002) reads as follows:

(3.) Now, question crops up as to whether in view of newly substituted proviso to the sub-section (1) of Section 115 of the Code, whether a Civil Revision would be maintainable against such orders which would not have given finality to the suit or proceeding, if the same would have been passed in favour of the parties applying for revision. This very question was considered by the Supreme Court in Shiv Shakti Coop. Housing Society, Nagpur V/s. Swaraj Developers and Others, 2003 6 SCC 659 (at page 674 paragraph-32) and answered in this regard. After a detailed discussion of Section 115 of the Code as stood before the 1999 Amendment and thereafter, Rules of statutory interpretation, distinction between appeal and revisional powers, the recommendations made by the Law Commission of India and the legislative intent for 1999 Amendment, the Supreme Court held as under: