Legal Question in Civil Litigation in India

In CPC, If a judge set aside Interlocutory order, so what will lie against it an appeal or revision or anything will not lie.

Asked on 8/08/12, 9:36 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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an appeal can be filed in case the same is provided for that particular order under CPC and if it is not specifically mentioned under the law, a petition u/a 227 lies to the high court.

Answered on 8/08/12, 9:39 am

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Vishwa Arya Arya & Co.

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The facts, in my opinion, are incomplete. You have not mentioned in what manner the interlocutory order (already existing) has been set aside. On an application under a particular provision, review on an application or suo mottu review. Remeady would be three fold.

Appeal against certain orders have been provided under Order 43 CPC. If it is not provided under Order 43 CPC. One may file for review under Order 47 (if ground of review made out). Another remedy is revision under section 115 cpc. If none applies, then under Art. 227 constitution of India

Answered on 8/08/12, 10:19 am

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