Is an order granting an application for review appealable? Give reasons in support of your answer and also refer to relevant provisions.

Question: Is an order granting an application for review appealable? Give reasons in support of your answer and also refer to relevant provisions.

Find the answer to the mains question only on Legal Bites. [Is an order granting an application for review appealable? Give reasons in support of your answer and also refer to relevant provisions.]

Answer

Yes, an order granting an application for review is appealable. Even, a letter of patent appeal is also maintainable when an application review is granted since such an order amounts to a judgment. Sattemma v. Vishnu Murthy [AIR 1964 AP 162].

Also, this question is based on Rule 7 of Order 47.

Order 47 Rule 7 states

“7. Order of rejection not appealable. Objections to order granting the application.—

(1) An order of the Court rejecting the application shall not be appealable, but an order granting an application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.

(2) Where the application has been rejected in consequence of the failure of the applicant to appear, he may apply for an order to have the rejected application restored to the file, and, where it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from appearing when such application was called on for hearing, the Court shall order it to be restored to the file upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same.

(3) No order shall be made under sub-rule (2) unless notice of the application has been served on the opposite party.”

Thus, in view of the provision made in such provision, it can be said that an order for the application for review is an appealable order and it may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.

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