Civil Procedure Code, 1908, Section 47, Commercial Courts Act, 2015, Section 15 -- Execution - Objection regarding territorial jurisdiction of Court - Petitioner contended that in view of S.15(2) of Commercial Court Act, execution application was not maintainable before civil Court and it ought to have filed before Commercial Court - However, said plea was neither raised..........
Civil Procedure Code, 1908, Order 47, Rule 5, Bombay High Court Rules, Rule 3(1) -- Chapter 30 - Proviso - Review - Where an application was preferred by any of parties that review may be heard by Judge who had decided the matter and had passed order from which review arose, matter ought to have been placed before Chief Justice on administrative side rather than order..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Power of review is available only when there is an error apparent on face of record and not on erroneous decision to be reheard and corrected - A review application cannot be allowed to be an "an appeal in disguise"...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of record for Court to exercise its power of review U.O.47.R.1 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - A party cannot be permitted to repeat old and overruled arguments for reopening conclusions arrived at in a judgment...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Court can correct a mistake but not substitute view taken earlier merely because there is a possibility of taking two views in a matter...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-production of relevant documents on the part of a party at appropriate stage cannot be a ground for seeking review of judgment, particularly when five opportunities were available to him for production of said documents which were all frittered away one by one...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Recourse to successive review petitions against same order is impermissible, particularly when respondents miserably failed to draw attention of Court to any circumstances that would entitle them to invoke review jurisdiction within ambit of Rules...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Discovery of new material - It is imperative for a party to establish that discovery of new material or evidence was neither within its knowledge when decree was passed, nor could the party have laid its hands on such documents/evidence after having exercised due diligence, prior to passing of order...........
Civil Procedure Code, 1908, Order 47, Rule 1, 9 -- Review - Review of a review - Second review application is not maintainable...........
