Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Grounds raised by petitioner have been considered and noticed by Court while passing order under review - Entire endeavour of petitioner is to seek re-hearing of appeal on merits which cannot be permitted - Review can be entertained only if there is an error apparent on face of the record - Application..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Re-hearing of matter is impermissible in the garb of review - Review application do not satisfy the contours of entertaining review petition - Application for review dismissed...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - In the garb of a review application re-arguments on merits of case cannot be allowed...........
Civil Procedure Code, 1908, Section 114 -- Review - Application for review filed after 56 years cannot be allowed, as one can find no error apparent after 50 years for Court to exercise jurisdiction of review - Review application rightly dismissed...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 19 -- Reviewing/recalling of order dismissing second appeal - Second appeal dismissed in absence of counsel for defendants - Even, incorrect facts were brought before Court on behalf of plaintiff with regard to maintainability of second appeal - There is error apparent on face of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Non-disclosure or suppression of material facts would be covered by `any other sufficient cause' used in O.47.R.1 CPC, which furnishes a ground for review and is wide enough to include such a cause...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Mere rejection of Special Leave Petition against same judgment without assigning any reason would not take away jurisdiction of Court to review its own judgment if grounds for exercise of review jurisdiction exist...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Court can exercise its power to review only when there is an error apparent on the face of record - An error which is to be fished out by a process of reasoning cannot be said to be an error apparent on the face of record - Reviewing Court has no power to review the judgment where error in the judgment is to be..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by wife - Application for restitution of conjugal rights and for declaration of guardianship and custody of minor children filed by husband sought to be transferred by wife - Interim order granting custody of children to husband is still in force and therefore, contention of wife of children being in..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review is only to rectify factual or legal error which is apparent on the face of record - Any other aspect which touches the merits of case and would require to re-open the issue again in order to ascertain the factual contentions is completely beyond the scope of review...........
