Civil Procedure Code, 1908, Order 47, Rule 3 -- Review - Application has to be in the form of an appeal, setting out various grounds for review as in the case of an appeal - When review petition is not in proper form then petition to be returned for being presented in proper form as procedural errors or lapses by themselves are not a ground for dismissal of a petition -..........
Civil Procedure Code, 1908, Section 151, Order 47, Rule 1, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 18, 31 -- Suit for recovery by bank - Civil Court passed decree when it had no jurisdiction to pass such decree in view of coming into force of Act of 1993 - Bank sought recalling entire suit proceedings including decree in view of fact..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Decision of a Court overlooking the decision of Supreme Court - Constitutes an error apparent on the face of record justifying the review...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Unless order sought to be reviewed suffers from error apparent on face of order and permitting order to stand will lead to failure of justice, no interference can be made in review jurisdiction...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - By a person not party to the suit - Held, a review application can be filed only by a party to the lis in which the order sought to be reviewed has been passed...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Decree or order - Adversely affecting a person not party to the suit - Not binding on him - Such a person can ignore the order or decree which adversely affects him but cannot apply for a review of that order or decree...........
Civil Procedure Code, 1908, Order 47, Rule 1(a) -- Review - Can be filed at any time before SLP is granted - Review petition can be filed even after SLP is dismissed - Refusal to grant leave to appeal does not attract doctrine of merger...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Merely because a decision is wrong, is not a ground to review an earlier decision - The Court dealing with an application for review does not sit as an appellate Court over the earlier decision and its jurisdiction is limited to the circumstances contemplated in O.47.R.1 CPC...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- In a review petition Court cannot re-examine the matter afresh...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- A party who has not appealed from a decree or order may apply for review of the judgment irrespective of the pendency of an appeal filed by some other party - Circumstances where such an application would not be maintainable are (i) Where the ground raised in the appeal by the other party is common to the ground raised by the..........
