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1964 DIGILAW 199 (KER)

NARAYANAN NAMBIAR v. AMBU KUNHI

1964-08-03

M.MADHAVAN NAIR, M.S.MENON

body1964
Judgment :- 1. This petition is to revise an order of the Munsiff, Taliparamba, dismissing an execution petition filed in 0. S. No. 869 of 1951 on his file. The order being one within the scope of S.47, Code of Civil Procedure, the remedy of the aggrieved decree-holder is an appeal under that Section, and not an application for revision in the High Court direct. The Supreme Court has held in S. S. Khanna v. F. J. Dillon AIR. 1964 SC. 497: "If an appeal lies against the adjudication directly to the High Court, or to another Court from the decision of which an appeal lies to the High Court, it has no power to exercise its revisional jurisdiction, but where the decision itself is not appealable to the High court directly or indirectly, exercise of the revisional jurisdiction by the High Court would not be deemed excluded." Orders under S.47, CPC., are decrees within the definition of S.2 (2), CPC., and are therefore in the province of a second appeal in this Court. It. follows from the dictum of the Supreme Court quoted above that a Civil Revision Petition cannot lie in the matter. The Civil Revision Petition fails and is dismissed. Dismissed.