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2023 Supreme(Gau) 963

PARTHIVJYOTI SAIKIA
Union Of India, Rep. By The General Manager, N. F. Railway – Appellant
Versus
P. P. Enterprise – Respondent


Advocates Appeared:
For the Petitioner: Mr. G. Goswami.
For the Respondent: Mr. K. P. Maheswari, Ms. M. Sharma.

JUDGMENT :

1. Heard Mr. G. Goswami, learned counsel representing the petitioner as well as Ms. M. Sharma, learned counsel appearing for the respondent.

2. This is an application under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure praying for reviewing the order of this Court dated 25.11.2021 passed by this Court in MFA No.65/2015.

3. There was a short delivery of goods carried by the Railways. The counsel representing the petitioner admitted that there was criminal intervention en route before reaching the destination. Finally, the appeal was dismissed by this Court.

4. Now, the counsel representing the review petitioner has claimed that the counsel in the appeal never admitted occurrence of criminal intervention.

5. I have considered the submissions made by the learned counsels of both sides.

6. 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.

7. A brief visit to the relevant provision would be fruitful. Order 47, Rule 1 reads as under –

    1. Application for review of judgment - (1) Any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed, but f

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