Code of Civil Procedure, 1908–Order 47 & Sec. 115–Rejection of review application–In the revision, High Court set aside the order and allowed the review application–Whether legal ?–Held, no–Where the review is allowed and the decree/order under the review is reversed or modified, such an order shall then be a composite order whereby the Court not only vacates the earlier decree or order but simultaneous with such vacation of the earlier decree or orders passes another decree or order or modifies the one made earlier–The decree so vacated, reversed or modified is, then the decree that is effective for the puposes of a further appeal if any, maintainable under law–Further, the Revisional Court is not to entertain a revision against an order rejecting on merits an application for of an appealable decree, which is if the Revisional Court sets aside or modifies or alters a Trial Court’s decree, the decree of the Trial Court would merge in the order passed by the revisional Court–Impugned judgment passed by the High Court is liable to be set aside.
