Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power to review may not be exercised on the ground that decision was erroneous on merits as same would be the domain of Court of appeal...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error on the face of record must be such an error which, mere looking at the record should strike...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Arbitration award - Objections u/s 47 CPC are not maintainable in proceedings for purposes of execution or enforceability of an arbitration award - But nonetheless objections raised by JD which do not touch upon merits of award or raise questions which cannot be raised u/s 34 of Arbitration and Conciliation..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Once there is a subsequent judgment overruling an earlier judgment on a point of law, earlier judgment cannot be reopened or reviewed on the basis of a subsequent judgment...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is nullity can be subject matter of objection u/s 47 CPC - When there was no such inherent lack of jurisdiction application u/s 47 CPC is not maintainable...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Dispute regarding signatures has to be determined in the suit and not in execution proceedings - A plea not raised in the suit cannot be permitted to be raised in the execution proceedings...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Resistance to execution of decree by a party against whom no decree has been rendered, would amount to abuse of process - Application u/s 47 CPC rejected...........
Civil Procedure Code, 1908, Section 47, Indian Contract Act, 1872, Section 128 -- Execution - Objection by Surety - JD/surety who suffered a joint and several decree cannot stop execution of decree against him until creditor has exhausted his remedy against principal debtor or other JDs - She does not have a right to dictates terms to DH as how he should pursue his..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Failure of Court to decide a plea that has not been raised, cannot be termed as an error apparent on the face of record...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An erroneous view of law is not a ground for review and Court cannot rehear and correct an erroneous judgment by way of review...........
