6addbd4aef514a324390f3e175aad38fc62414aa017c95735078951283467298

Delhi High Court · 28 Sep 2011 · 2011:DHC:11013-DB
MRTDUL, J.
FAO (OS) No.163/2011
2011:DHC:11013-DB
civil appeal_dismissed

AI Summary

The court held that no appeal lies against orders passed in Review Applications or applications under Section 151 CPC seeking withdrawal of consent, dismissing the appeal as not maintainable.

Full Text
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#55 olo 28.O9.2OLL
Present: Mr. Vikas Singh, Sr. Advocate with Mr. Chirag M. Shroff and
Mr. Ishaan Madaan, Advocates for the appellant.
Mr. Darpan Wadhwa with Ms. Seema Sund, Ms. Ritika Ahuja and Mr. R.M, Karanjawala, Advocates for the respondent.
+FAO (OS) No.163/2O11 & CM No.5175l2O11
*
Vide impugned order dated t9.I.2OIL, the learned Single
Judge has dismissed the Review Application filed by the appellant herein and stayed another application. The main grievance of the appellant in this appeal is that in the order passed by the learned Single Judge in
Review Application as well as the application, i.e., CA No.75O0l2010 vide which the appellant has sought to withdraw his consent given earlier, no appeal lies against such order. Order 47 Rule VII of the Code of Civil
Procedure specifically bars the appeal against the order passed in the review application. Likewise, Order 43 Rule III of the Code of Civil
Procedure lists certain orders against which appeal can be filed and order passed in such an application seeking consent, which application was filed under Section 151 of Code of Civil Procedure, no appeal is filed.
This appeal as well as application is dismissed as not maintainable.
/^-1, MRTDUL, J.
SEPTEMBER 28, 2O11 pmc l
2011:DHC:11013-DB
JUDGMENT