Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - When it is apparent that without further investigation or inquiry only one conclusion can be drawn in favour of petitioner then only review will lie...........
Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Review - Petitioner preferred application for recall of judgment being aggrieved by judgment - S.151 CPC therefore, cannot be called for, neither it is appropriate to treat this application U.O.47.R.1 CPC - If decision is considered to be erroneous, remedy is only to question judgment in appeal...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of new facts - If review is on discovery of new matter or evidence and it is cause for filing such application, strict proof of such statement is a condition precedent...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of new facts - Review petition is bald without any particulars or details as to when document was discovered and circumstances under such discovery was made - It is also evident that petition suffers from inherent defect as certified copy of document has not been enclosed - This inherent defect cannot be..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Recovery suit for possession, eviction and other reliefs - No error apparent on face of record or some mistakes or palpable error which is self evident in judgment sought to be reviewed - Petitioners attempted to argue the case on merits afresh seeking re-appreciation of evidence on facts, which is impermissible in..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review jurisdiction can be exercised for correction of mistake and not to substitute a view...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Term `mistake or error apparent' means error which is apparent on face of record of case and does not require comprehensive examination, scrutiny and elucidation either of facts or legal position...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Recovery suit - Petitioner cannot be permitted to re-argue same points which are already dealt, answered and rejected by detailed judgment - All pleas were raised before High Court and after considering those pleas, judgment in appeal was rendered by High Court - Petitioner not entitled to challenge judgment in guise..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Two views possible - Review cannot be entertained...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Judgment delivered after appreciation of evidence on record - Review seeking to reappreciate the evidence on record on the ground that it was omitted to be adverted to - Not maintainable...........
