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1995 Supreme(Kar) 336

M.F.SALDANHA
SAVITHRAMMA – Appellant
Versus
H. GURAPPA REDDY – Respondent


Advocates:
K.S.Desai, S.P.SHANKAR, T.S.RAMACHANDRA RAO

M. F. SALDANHA, J.

( 1 ) THE circumstances in which a Court will review a final decision are varied and in the course of numerous reported cases, many different facets of the law have been settled. The present case presents a slightly more interesting situation in so far as the present review application has been very stoutly resisted by the learned counsel who represents the parties to the original appeal in which that order was passed. The present applicant was admittedly not a party to that proceeding and is therefore labelled as a stranger. The applicant contends that she ought to have been a party and that as a result of the final order passed in the appeal, that she is seriously prejudiced and that therefore she has every right to claim a review of that decision. Her contention is also that this is the appropriate remedy and that the circumstances in which the earlier order was passed are (sic) manifestly unfair. There is a direct charge to the effect that fraud was played on the Court in the earlier proceeding; that this was deliberately done and that the action was accompanied by mala fides. The learned counsel who represent the original parties have stoutly resisted this al




















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