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..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - An order cannot be made the subject of an appeal under the garb of a review...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - While reviewing an order, Court or tribunal must be satisfied that there was an error apparent in its previous order, which warrants the exercise of its power to review...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection regarding impleadment of LR's of DH - Objection was dismissed vide detailed order - No challenge was made to said order - Thereafter first execution petition remained pending for more than 3 months before it was withdrawn - Petitioner having not laid any challenge to said orders cannot plea qua same that too..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objection u/s 47 CPC is no substitute for remedy of appeal - It is a very limited remedy available to JD which is confined in its scope to a decision on all questions arising between parties to suit in which decree was passed relating to execution, discharge or satisfaction of decree - It is not a remedy..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - In determining objections u/s 47 CPC, execution Court cannot go behind the decree and virtually review the trial Court's judgment...........
