Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-party to proceedings if he perceives to be in position of a person aggrieved and satisfies Court as such, can seek review of an order passed therein...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Applicants are not party to lis wherein order in question was passed - Even, in the said order there is no indication or reference as to how implication of such order would affect the case of applicants - Remedy as far as applicants are concerned lies elsewhere and not by way of a review as sought for -..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Application for review cannot be treated to be an opportunity to argue the case on merits afresh...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - In the garb of review application, rehearing of appeal on merits cannot be allowed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Law as to : (i) Review proceedings are not by way of an appeal and same have to be strictly confined to the scope and ambit of O.47.R.1 CPC; (ii) Review is not to be confused with appellate powers, which may enable an appellate court to correct all manner of errors committed by the subordinate court;..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Grounds in review application neither fall within ambit of discovery of new and important matter or evidence nor within mistake or error apparent on face of record - Review application appears to be an appeal in disguise and accordingly dismissed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Order of setting aside decree of divorce - Death of husband - Second wife of deceased husband who allegedly got married after a decree of divorce was granted, is review applicant - Since contentious issues have been raised with regard to validity of marriage of second wife, issue relating to divorce..........
