Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - 'New and important matter' and 'Any other sufficient reason' - Meaning - New grounds taken in review petition for the first time - Held, new grounds cannot be allowed to be taken for the first time in review petition to cause prejudice to the opposite party - Review petition, dismissed...........
Civil Procedure Code, 1908, Order 47, Rule 1(2), Civil Procedure Code, 1908, Order 8, Rule 6-A -- Dismissal of appeal does not bar the respondent from seeking review of the judgment or to file an appeal before the appropriate Court...........
Civil Procedure Code, 1908, Order 47, Rule 1(2), Civil Procedure Code, 1908, Order 8, Rule 6-A -- While dismissing appeal the appellate Court also dismissed the counter claim of the defendant - On dismissal of the counter claim the aggrieved party had independent right of appeal - In case it has not availed the remedy of appeal, it could seek review of the order...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Review - Appeal filed by plaintiff dismissed and counter-claim of defendant also dismissed - Held, on dismissal of counter claim, the aggrieved party had independent right of appeal and in case it is not availed can seek review of the order in terms of O.47.R.1(2) of the Code...........
Civil Procedure Code, 1908, Order 47 -- Review - Order of the Administrative Tribunal confirmed by the Supreme Court by (refusing to grant leave to appeal -Tribunal cannot review its order thereafter...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Before making the review application no superior Court should have been moved for getting the selfsame relief...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - When there is an error apparent on the face of it and the law is clear on the point on which there could be no two opinions, every Court has inherent and plenary jurisdiction to correct such errors by review of his own order in the Interest of Justice...........
Civil Procedure Code, 1908, Order 47, Rule 1(1) -- Review - Appeal filed subsequently to the filing of review application - Dismissal of review application as not maintainable on that ground - Not proper...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 27 -- Review - Surplus land - Finding as to whether landowner has adoptive son or not - Fresh evidence led under Order 41 Rule 27 - Not permissible in review application - Mistake not apparent on face of record - Reversing earlier judgment on basis of new evidence is illegal and..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Discovery of new evidence on question of fact - No ground for review of decree of second appellate Court - The discovery of new evidence on a question of fact, though is a good ground for the review of the decree of the first appellate Court, is no ground for review of the decree of the second appellate Court...........
