Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Condonation of delay in filing review application - Appellants were suffering from diabetes and hyper tension which is not sufficient ground for condoning delay in filing review application...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In exercise of jurisdiction U.O.47.R.1 CPC, it is not permissible for an erroneous decision to be reheard and corrected - A review petition has a limited purpose and cannot be allowed to be an appeal in disguise...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Lack of jurisdiction either pecuniary or territorial, has to be taken at the earliest opportunity - Since the same has been raised before High Court, appellant cannot be allowed to raise lack of pecuniary jurisdiction at such belated stage - Moreover, on the date of filing of first appeal, High Court had..........
Civil Procedure Code, 1908, Section 114, Order 47 -- Review - S.114 r/w O.47 CPC permits Court to look into any document, having a bearing on lis decided earlier, which was not on record because despite exercise of due diligence same could not be produced by a party - It would invariably reduce to an examination as to whether document has such intrinsic worth that if same..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - 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 justifying Court to exercise its power of review U.O.47.R.1 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review is not permissible on the ground that decision was erroneous on merits as the same would be the province of an Appellate Court...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In exercise of jurisdiction U.O.47.R.1 CPC it is not permissible for an erroneous decision to be "reheard and corrected" - A review petition has a limited purpose and cannot be allowed to be "an appeal in disguise."..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review is permissible only when there is error apparent on the face of record i.e. error should be grave and palpable, and error must be such as would be apparent on mere looking of record, without requiring any long drawn process of reasoning and reappraisal of entire evidence for finding the error, as..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review lies only on the grounds mentioned in O.47.R.1 r/w S.114 CPC - Party must satisfy Court that matter or evidence discovered by it at a subsequent stage could not be discovered or produced at the initial stage though it had acted with due diligence - A party filing a review application on the ground..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review application can be allowed only on: (i) discovery of new and important matter of evidence which, after exercise of due diligence, was not within the knowledge of person seeking review, or could not be produced by him at the time when the order was made, or (ii) when some mistake or error on the..........
