AMBIKA PRASAD Vs. DEVI DAYAL

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council against an order of this Court granting an application for "review. In para. 11 of the petition it is averred that so far as the review application was concerned, the case had been finally decided and that paragraph goes on to say that the matter raises important and substantial points of law of general importance and that the case was a fit case for us to certify to His Majesty in Council.

(2.) The learned Counsel for the petitioner has submitted that the application was for a certificate under Section 109(a) or in the alternative under Section 109 (c), Civil P.C. The valuation of the property involved in the case is over Rs. 10,000. The learned Counsel submits that Section 109(a) provides that an appeal shall lie to His Majesty from any decree or final order passed in appeal by a High Court, and that so far as the parties in this case are concerned the order granting a review has set aside a final decree and that this Court, having granted an application for review, has passed an order that is final between the parties. We have come to the conclusion that this contention of the learned Counsel cannot be accepted. An order can only be called a final" order if it finally disposes of the rights; of the parties. But granting of an application for review does not finally dispose of the dispute between the parties. Reference may be made to the case of Ramchand-Manji Lal V/s. Goverdhan Das Kishandas A.I.R. 1920 P.C. 86 where their Lordships of the Privy Council in a case where stay had been refused by the appellate Court, held that the order refusing stay was not such an order as would be appealable to their Lordships. It is unnecessary to refer to various other cases on the point.

(3.) The order passed by us granting a review really does not finally dispose of any case but reopens the decree that was passed originally by the Court and we therefore are of opinion that an order for. review is not a final order which is appenlable. We may also mention that Section 109(a) lays down that the final order which is appealable is a final order "passed on appeal" and does not say that any order finally or otherwise passed in exercise of the appellate jurisdiction of the Court is appealable.