Civil Procedure Code, 1908, Section 100A, 104, 114, Order 47, Rule 1 -- Application for review u/s 114 r/w O.47.R.1 CPC seeking review of order passed in LP - Held, even an order which is appealed against Order 43 Rule 1 read with Section 104 CPC cannot be assailed in LP in view of prohibition contained under Section 100-A of CPC which in its ambit and sweep covers an..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review is permissible if there is mistake or error apparent on the face of record - Error which is not self evident and has to be detected by process of reasoning can hardly be said to be an error apparent on face of record justifying court to exercise its power of review - Power of review is not permissible for an..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - In absence of any statutory provision providing for review, entertaining an application for review or under the garb of clarification, modification/correction is not permissible...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - After approaching the higher forum - If before making review application superior Court had been moved for getting the self same relief, then application for review is not maintainable for the reason that for the self same relief two parallel proceedings before the two forums cannot be taken...........
Civil Procedure Code, 1908, Order 47, Rule 1, Divorce Act, 1869, Section 41 -- Maintenance - Minor daughter living with mother - Respondent/wife sought maintenance on ground that entire expenses of maintenance and education of minor child is borne by her - Lump sum of Rs.5 lacs directed to be paid for meeting marriage expenses of daughter - Review of judgment sought by..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Erroneous decision and an error apparent on the face of record - First can be correct by the higher forum while the latter can be corrected by exercise of review jurisdiction - An error which is not self evident and has to be detected by a process of reasoning, is not an error apparent on the face of record...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - A review application cannot be an appeal in disguise - Court cannot consider the merits of the judgment sought to be reviewed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope - Power of review is available in the event of discovery of new and important matter or evidence which despite exercise of due diligence was not within the knowledge of the applicant or could not be produced at the time when order was made - Review application is also maintainable when order is..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Not an appeal in disguise - Review court does not sit in appeal over its own order - A re-hearing of the matter is impermissible in law - It constitutes an exception to the general rule that once a judgment is signed or pronounced, it should not be altered - It is also trite that exercise of inherent..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - No error apparent on face of record and no other ground available U.O.47.R.1 CPC - Not permissible to entertain review application...........
