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SUPREME COURT OF INDIA
SHANKER MOTIRAM NALE
VERSUS
SHIOLALSING GANNUSING RAJPUT
DECIDED ON: March 30, 1993
Incompetent Appeal - Civil Procedure Code - Appeal against rejection of review application barred by Order 47 Rule 7
Fact of the Case:
The appeal was deemed incompetent as it was against an order of a division bench rejecting the application for review of a judgment and decree passed by a learned Single Judge.
Finding of the Court:
The court found the appeal to be incompetent as it was against an order rejecting the review application, which is barred by Order 47 Rule 7 of the Civil Procedure Code.
Issues: The main issue was the competency of the appeal against the rejection of the review application.
Ratio Decidendi: The court applied Order 47 Rule 7 of the Civil Procedure Code to determine the competency of the appeal.
Final Decision: The appeal was rejected with no costs, and no further orders were deemed necessary.
( 1 ) ). This appeal is obviously incompetent. It is against an order of a division bench of the High court rejecting the application for review of a judgment and decree passed by a learned Single Judge, who seems to have retired in the meantime. It is not against the basic judgment. Order 47 Rule 7 of Civil Procedure Code bars an appeal against the order of the court rejecting the review. On this basis, we reject the appeal. No costs. I. A. No. 1/93 (Application for substitution)
( 2 ) ). No orders are necessary in view of the rejection of the appeal.
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