Supreme court held that when there is an express provision available under the CPC or any statute under which an appeal is maintainable, by-passing the same, a Revision Petition cannot be filed.

THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY [APPELLANT(S) ] Vs.

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AMEENA BEGUM & ANOTHER [RESPONDENT(S)]

SPECIAL LEAVE PETITION (C) NO.5489 OF 2021

(2JB, B.V. NAGARATHNA and UJJAL BHUYAN JJ.)

Facts: Being aggrieved by order dated 08.01.2021 passed by the learned Single Judge of the High Court for the State of Telangana at Hyderabad in Civil Revision Petition No. 4866/2018, this appeal has been preferred.

Issue: Whether without an express provision available under the CPC or any statute under which an appeal is maintainable, a Revision Petition can be filed?

Arguments on behalf of counsel for appellants: Sri C. S. Vaidyanathan

Sri Sajan Poovayya, learned senior counsel submitted that liberty may be reserved to the first respondent herein to file an appeal and if such an appeal is filed within a time frame to be granted by this Court, the issue of limitation in filing the appeal under Order XLIII Rule 1(d) CPC may not be raised by the High Court.

Arguments on behalf of counsel for respondents: Sri Sajan Poovayya

Learned senior counsel submitted that if the impugned order is set aside and liberty is reserved to the first respondent herein, the appellant may not be prejudiced by such an order.

Held: The court allowed the present appeal and held that, “In the circumstances, we set aside the impugned order on the ground that the said order was passed in a Civil Revision Petition which was not at all maintainable under Section 115 of the CPC. However, liberty is reserved to the first respondent herein to file an appeal under Order XLIII Rule 1(d) CPC, if so advised, on or before 31.12.2023.”

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