Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Misinterpretation of facts or evidence by Court is no ground to review the judgment - Review not permissible on the ground that judgment passed requires correct interpretation...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 47, Rule 1 -- Impleading as party - Pleas taken by applicants is for purpose of Impleading as party and for purpose of determining relevance of material brought to notice of court - Mere fact that plea is raised by applications and the material produced in support of plea has been considered..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Dismissal of SLP by Supreme Court by a no, speaking order without any contest by other side at the stage of admission - Not a bar for maintainability of review petition in High Court...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Partition suit - Suit decreed in favour of plaintiffs by High Court holding that Will alleged by defendants in their favour to the exclusion of wife of testator is not true and valid - Defendant contended that suit wrongly decreed as wife of testator does not complain about not getting any property under Will and..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Erroneous decision is not a ground for review - A judgment may be open to review if there is a mistake or error apparent on the face of record - Subsequent decision of a co-ordinate Bench is not a ground to review the judgment, which is the scope of only an appeal...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Only when there is an error apparent on the face of record and when such an error is self evident and does not require a process of reasoning to detect it - Review jurisdiction is not applicable to an `erroneous decision' which needs rehearing and correction - Review cannot be allowed to be an appeal in disguise -..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review - Appellate Court not required to decide appeal after going through record of case and judgment of subordinate Court and after complying with provisions of O.41.R.31 CPC when appellant before it had not addressed Court on said issues - Absence of affidavit by either party..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Jurisdiction and scope of review is not that of an appeal and it can be entertained only if there is an error apparent on the face of record ...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review of an earlier order cannot be done unless court is satisfied that material error, manifest on the face of order, undermines its soundness or results in miscarriage of justice...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Permissible only when an error is apparent on the face of record - An error which is not self evident and has to be detected by a process of reasoning can hardly be said to be an error apparent on the face of record - A review is by no means an appeal in disguise whereby an erroneous decision is reheard and..........
