Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - High Court cannot sit in appeal over its judgment while exercising power of review - Since there is no error which is self evident in the impugned judgment, no case is made out for review - Review petition dismissed...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is available only when there is a mistake or an error apparent on face of record - Reargument of the case on merits is not permissible in the grab of review petition - Review petition dismissed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Merely stating that there is an error apparent on the face of record is not sufficient - It must be demonstrated that in fact there was an error apparent on face of record...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - While allowing review application, there must be a speaking and reasoned order, which called for interference and therefore a reasoned order is required to be passed - Impugned order allowing review application being a cryptic and non-reasoned order, unsustainable and set aside...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - In the garb of review, fresh substantial question of law cannot be considered and a party cannot be permitted to reopen the matter and to gain a full-fledged innings for making fresh submission and substitution of earlier orders...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Erroneous order cannot be reheard or corrected or set aside by invoking review jurisdiction - A review can only lie on the grounds mentioned in O.47.R.1 CPC...........
Civil Procedure Code, 1908, Order 47, Rule 7 -- Review - Rejection of application - Appeal thereagainst does not lie - However, if application for review is allowed then appeal thereagainst is maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Rehearing of matter is impermissible in the grab of review - Review application do not satisfy contours of entertaining review petition - Review petition dismissed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Ground taken in review application virtually constitutes an attempt to re-argue the matter which cannot be done in the garb of review...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Powers of review cannot be exercised as an inherent power nor can an appellate power can be exercised in the guise of power of review...........
