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Supreme Court of India · 08/09/2025

MALLEESWARI versus K. SUGUNA AND ANOTHER

[2025] 9 S.C.R. 574 · 2025 INSC 1080

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Summary

In a partition suit, the Madras High Court in revision had allowed a daughter's application to amend an ex parte preliminary decree so as to recognise her coparcenary share, but on review it reversed that order and remanded the matter. The Supreme Court held that the review court had re-appreciated the parties' cases and reversed findings as if sitting in appeal, which is beyond the review jurisdiction under Section 114 and Order 47 Rule 1 CPC; the review order was set aside and the revisional order restored.

Issues

  1. Whether the High Court, in allowing a review application against its own order in a civil revision petition, acted within the scope of review under Section 114 and Order 47 Rule 1 of the Code of Civil Procedure, 1908, or exceeded it by reversing findings as though exercising appellate power.
  2. What are the limits of the power of review and the grounds on which it may be exercised.

Provisions considered

Held

Result

Appeal allowed; the High Court's review order dated 19.10.2024 set aside and its order dated 23.09.2022 in the civil revision petition restored; the Trial Court directed to dispose of all pending applications expeditiously, preferably within three months of receipt of the judgment; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 574.