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PARTHIVJYOTI SAIKIA
Babulal Surana, S/o Late Bal Chand Surana – Appellant
Versus
Meena Paul – Respondent
Headnote: Read headnote
JUDGMENT :
Heard Mr. N. Dhar, learned counsel representing the petitioner as well as Ms. R. Choudhury, learned counsel appearing for the respondents.
2. This is an application under Order 47 Rule 1 of the Code of Civil Procedure praying for reviewing the order of this Court dated 17.11.2021 passed by this Court in CRP(I/O)/77/2019.
3. I have considered the submissions made by the learned counsels of both sides.
4. Now, the question arises whether the powers of review provided by Order 47 Rule 1 of the CPC can be applied in the present case.
5. A brief visit to the relevant provision would be fruitful. Order 47, Rule 1 reads as under –
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,
(b
A review petition should strictly adhere to the scope and ambit of Order 47 Rule 1, and the grounds for maintainable review as stipulated by the statute.
Review under Order 47 of the CPC is limited to errors apparent on record or new evidence; disagreement with the judgment does not suffice for a review.
‘Actus curiae neminem gravabit' means an act of Court shall prejudice no one.
The main legal point established in the judgment is that the power of review may only be exercised for specific reasons such as the discovery of new evidence, mistake, or error apparent on the face o....
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