Murari Ram vs Suraj Singh

Gautam Kumar Choudhary, J

Father of the plaintiff had filed Title Suit No.23/1999 for declaration of right, title and interest and possession and for cancellation of two registered sale deeds executed on 02.03.1974.

The suit was dismissed, on contest.

Father of the petitioner preferred title appeal being Title Appeal No.10/2002 which was dismissed for default on 08.08.2011 and the application for restoration filed under Order XLI Rule 19 of the CPC which was registered as Misc. Petition No.9/2011, was also rejected.

Thereafter, the petitioner filed Revocation Case No.7/2023 under Section 151 of the CPC for setting aside the order of dismissal of Misc. Petition No.9/2011 which was rejected and aggrieved by the order, present petition has been preferred.

It is submitted by learned counsel on behalf of petitioner that the delay in preferring the revocation case was not intentional and occurred as the original plaintiff had died and the petitioner had suffered accident on 18.07.2008 and was undergoing treatment till the year 2019.

It is submitted that petitioner has statutory remedy against the impugned order and therefore, a prayer is made to convert the instant civil miscellaneous petition into Civil Revision.

Learned counsel on behalf of the opposite party submits that a civil revision is amenable to cases where there is error in exercise of jurisdiction. In the present case, the suit was dismissed and so was the case with the Appeal. Restoration Case was also dismissed and after 11 years, revocation case was filed against the impugned order.

Having considered the submissions advanced on behalf of both sides and on perusal of the materials on record, it is apparent that the petitioner is now trying to resurrect a case which had attained finality about 11 years ago. Once a Suit is dismissed and the Appeal from it also stands dismissed and the said order attains finality, it cannot be given a fresh lease of life under the garb of revocation case or a revision. Revisional jurisdiction of the Court is supervisory in nature and has been distinguished from its power of appeal to correct errors of fact and law. The powers of the High Court under Article 227 of the Constitution of India could only be invoked in cases in which no Appeal lies to the High Court and the case decided by any Court in exercise of jurisdiction shall not be vested in it by law.

Instant civil miscellaneous petition and the prayer for its conversion to a revision is devoid of any merit and is accordingly, dismissed with cost. The cost assessed to ₹ 5000. Pending Interlocutory Application, if any, is disposed of.